- (1.) This application is at the instance of the plaintiff union and is directed against the judgment and order dated April 10, 2013 passed by the learned Additional District Judge, 11th Court, Alipore in Misc. Appeal No.235 of 2010 thereby setting aside the order of injunction dated March 31, 2010 passed by the learned Civil Judge (Senior Division), 5th Court, Alipore in Title Suit No.204 of 2009. The plaintiff/petitioner herein instituted the aforesaid suit against the Registrar of Trade Unions, Government of West Bengal, Union of India, Food Corporation of India and other Office Bearers of the plaintiff union praying for a decree of declaration that the purported order dated July 7, 2008 passed by the defendant no.1/opposite party no.1 herein is void, illegal, invalid, without jurisdiction and not binding upon the plaintiff/petitioner herein, that the plaintiff union has not been dissolved and that the registration of the plaintiff union is subsisting, permanent injunction restraining the defendants and each of them and their respective employees, men and agents from giving effect to the purported resolution dated July 7, 2008 passed by the opposite party no.1 dissolving the plaintiff union and other consequential reliefs.
(2.) At the time of the filing of the said suit, the plaintiff preferred an application for temporary injunction along with a prayer for ad interim injunction. The learned Trial Judge did not grant any ad interim injunction, but, issued a show cause notice upon the opposite party no.1 only. Ultimately, the learned Trial Judge allowed the application for temporary injunction on contests, by the order dated March 31, 2010, restraining the defendant no.1 from giving any effect of the order dated July 7, 2008 till the disposal of the suit. Being aggrieved by such order, the defendant nos.4 & 5 preferred a misc. appeal being Misc. Appeal No.235 of 2010 which was allowed on contests against the respondent no.1 and ex parte against the other defendants thereby setting aside the impugned order dated March 31, 2010. The Appellate Court also held, inter alia, that the defendants/appellants and such other defendants who were not noticed before the disposal of the application for temporary injunction may file written objections against the application for temporary injunction, if so advised. The learned First Appellate Court has also requested the learned Trial Judge to hear out the application for temporary injunction and dispose of it expeditiously preferably within two months. Being aggrieved by such orders, the plaintiff union has preferred this application.
(3.) Now, the question is whether the impugned order should be sustained.;