- (1.) In this appeal the appellant-petitioner has challenged the order dated 7th February, 2013 passed by the Ld. 13th Bench, City Civil Court, Calcutta in Title Suit No. 804 of 2012.
(2.) The present appellant was the plaintiff in the suit. The appellant filed the suit for declaration and injunction and claimed the following reliefs:- "c) Decree for declaration that the purported disciplinary proceeding initiated by the defendant pursuant to the notice dated 22.11.2011 as stated in the plaint is void ab-initio and a nullity and the defendant had no right to initiate the said disciplinary proceeding in a manner and for the reason it was purportedly initiated, and the plaintiff is not at all bound to attend before any such disciplinary proceeding and is further not bound by any act done or findings made or orders passed in such void disciplinary proceeding. f) Decree for permanent injunction restraining the defendant and its officers, agents and servants from proceeding with the purported disciplinary proceeding initiated pursuant to the notice of the defendant to the plaintiff dated 22.11.2011 and further restraining them to give any effect to and/or further effect to any order and/or finding made in such disciplinary proceeding and also restraining them from curtailing any right or benefit of the plaintiff as an employee of the defendant any manner arising out of and/or touching or concerning or related to the said purported disciplinary proceeding."
(3.) The appellant filed an application for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 CPC praying, inter alia for an order of restraint on the defendant, its officers and agents from further proceeding with the disciplinary enquiry against him.;