- (1.) This instant appeal is filed by the appellants/defendants aggrieved by the ad interim Order No. 2 dated 21st December, 2006 passed by the Civil Judge (Sr. Division), 4th Court, Alipore in Title Suit No. 167 of 2006.
(2.) A perusal of the said order dated 21st December, 2006 shows that it was passed ex parte and notice was directed to issue upon defendants asking them to show cause within 10 (ten) days from the date of the receipt thereof as to why the prayer for temporary injunction as sought for by the plaintiff shall not be granted. The ex parte order is in the following terms: "that the defendant No. 1 is restrained from undertaking or signing any new contract of any nature pertaining to the business of Registrar to an issue and share transfer agent and acting in furtherance of any new contract of the like nature after the said agreement 18.8.2006 and creating any encumbrance over moveable properties and/or the business of the defendant No. 1 and making any press release or public statement or the like in relation to the said business transfer agreement dated 18th August, 2006. Both parties are restrained from dealing with the existing share of the defendant No. 1 in any manner till 15th January, 2007. Issue notice calling upon the defendants to show cause within 10 days from the date of the receipt as to why the prayer for temporary injunction shall not be allowed. Requisite at once. Plaintiff shall comply with the provisions of Order 39 Rules 3(a) and (b) of the CPC. The Receiver application filed by the plaintiff today would be heard after issuing notice to the defendants in this regard. So issue notice in respect of the said application also."
(3.) The question before us is whether the said ex parte interim order should be vacated.;