Indrajit Chatterjee, J. - (1.) This is an application under Article 227 of the Constitution of India wherein the order no. 28 dated 11th August, 2015 as passed by the learned Judge, 10th Bench, City Civil Court at Calcutta in Title Suit No. 1615 of 2013 has been assailed before this court. As per that impugned order, learned trial court ordered that the application filed by the opposite party nos. 1 and 2, under Order 7, Rule 11 of the Code of Civil Procedure be kept with the record. Thus, learned trial court practically declined to hear that application under Order 7, Rule 11 of the Code.
(2.) There is a history behind this which must be taken into consideration by this court. The prayer for temporary injunction as prayed for by the two plaintiffs, i.e. the opposite party nos. 1 and 2 before this court was rejected by the learned trial court. The matter travelled before this court in F.M.A.T. 390 of 2014 and the said order of the learned trial court was affirmed.
(3.) One Special Leave Application was filed by the plaintiffs/opposite parties before the Hon'ble Apex Court and the said Special Leave Application being no.12456/2015 was disposed of by the Apex Court with the following observations: "Delay condoned. We do not intend to pass any order on this special leave petition except directing respondent No.3-Jaypee Brothers Medical Publishers Private Limited to maintain the accounts. The Special leave petition is disposed of. We further direct that the trial Court shall expeditiously dispose of the suit preferably, within a period of one year. However, we make it clear that any observation made by us or by the High Court will not stand in the way to decide the matter in accordance with the provisions of law".;