TOSHITH SECURITIES PVT LIMITED Vs. ITC LIMITED & ORS
LAWS(CAL)-2016-9-108
HIGH COURT OF CALCUTTA
Decided on September 13,2016

TOSHITH SECURITIES PVT LIMITED Appellant
VERSUS
ITC LIMITED And ORS Respondents

JUDGEMENT

- (1.) Leave is granted to the learned advocate-on-record of the appellant to rectify the defect in the memorandum of appeal in terms of the report of the Stamp Reporter. By the impugned order, the plaintiff's prayer for ad interim injunction was rejected by the learned Trial Judge. The instant appeal is directed against the said order passed by the learned Trial Judge at the instance of the plaintiff/appellant.
(2.) On perusal of the impugned order, we find that the learned Trial Judge recorded that undisputedly the defendant nos. 2 to 5 are the registered share holder in respect of 200 suit shares. The learned Trial Judge further recorded that admittedly the plaintiff is not the registered owner of those shares.
(3.) In these set of facts, the learned Trial Judge held that the plaintiff's prayer for ad interim injunction cannot be allowed. However, notice was directed to be issued upon the defendant/respondent nos. 2 to 5 calling upon them to show cause as to why the prayer for temporary injunction will not be granted against them. On perusal of the impugned order, we do not find any apparent illegality in the impugned order. As such, we decline to admit this appeal for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure. Leave is granted to the plaintiff/appellant to put in the requisites in the Court below within a week.;


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