- (1.) This appeal will be heard. Lower court's record need not be called for. Mr. Gayen, learned advocate, appears on behalf of the defendant/respondent no. 1. Other respondents are not represented, even service has not been effected. Mr. Chatterjee, learned advocate, appearing for the appellants submits that since cause of action of the suit arose due to publication of a notice under the signature of the respondent no.1, describing himself as a President of Krishi Bikash Silpa Kendra, his clients presently are seeking interim relief against the said defendant/respondent no. 1. He, further confirms that presently his clients are not seeking any interim relief against the other respondents in this appeal. He, however, submits that his clients reserve their right to seek interim injunction against the other respondents, if necessary, before the learned Trial Court. Considering such submission of Mr. Chatterjee, we dispense with requirement of service of notice relating to this appeal upon the remaining defendants/respondents, on the prayer of Mr. Chatterjee.
(2.) The appeal, thus, be treated ready as regards service. Immediately after the appeal was admitted for hearing, we are requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit by dispensing with the requirement of filing paper books in this appeal. We are informed by the learned counsel appearing for the parties that the necessary papers are all annexed to the stay application. As such, we have decided to dispose of the appeal by dispensing with the requirement of filing of paper books in this appeal. The instant appeal is directed against refusal to grant ad-interim order of injunction by the learned Trial Judge.
(3.) The learned Trial Judge passed the impugned order without recording any reason in support of the conclusion which was arrived at by the learned Trial Judge. The learned Trial Judge simply said that for want of urgency in the matter, prayer for interim injunction is rejected at this stage. Let us now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case. Since we are still at the stage of considering the appellants' prayer for adinterim injunction, we are required to consider the merit of this appeal with reference to the pleadings of the plaintiffs made out in the plaint as well as in the injunction application, which we accordingly do.;