- (1.) THESE two first miscellaneous appeals were heard together. By one of the appeals, being F. M. A. T. No. 317 of 2008, the plaintiff in a suit for declaration and injunction, has challenged the Order No. 5 dated 28th January, 2008 passed by the learned Trial Judge by which the said Court refused to grant any ad interim order of injunction on an application under Section 151 of the Code of Civil procedure filed by the plaintiff during the pendency of the main application under Order XXXIX Rules 1 and 2 of the Code.
(2.) BY other appeal, being F. M. A. T. No. 283 of 2008, the selfsame plaintiff has challenged the Order No. 8 dated 1st March 2008 passed by the learned Trial judge by which the learned Trial Judge dismissed the main application under order XXXIX Rules 1 and 2 of the Code of Civil Procedure.
(3.) THE appellant before us filed a suit in the City Civil Court at Calcutta being Title Suit No. 2868 of 2007 thereby claiming for the following relief: (a) A declaration that the plaintiff is entitled to sell the jute bales now lying in the godown of the defendant nos. 2 and 3 in piecemeal manner through the buyers as arranged by it upon weighment thereof to liquidate the dues of the defendant nos. 1 to 3 in protanto satisfaction thereof upon crediting the sale proceeds in favour of the Bank. (b) A declaration that the defendant nos. 1 to 5 and each of them are disentitled to create any obstruction in selling the said jute bales in piecemeal manner through its buyers to liquidate the dues of the defendant nos. 1 to 3. (c) Declaration declaring that the quantity of jute at the negotiated price agreed to be paid by a buyer should be allowed to be sold by the Bank upon deposit of the sale proceeds paid by the buyer in favour of the Bank and in the event of refusal by the Bank the quantity of the jute agreed to be purchased by the buyer would remain segregated on the account of the bank with corresponding price thereof adjusted from the loan of the plaintiff remaining outstanding with the Bank i. e. defendant no. 1 upon payment of storage charge for the retention of the jute by the Bank. (d) Mandatory injunction commanding the defendant nos. 1 to 3 and each of them to allow the plaintiff to sell the jute bales lying in the warehouse of the defendant nos. 2 and 3 through its buyers upon weighment thereof in piecemeal manner upon payment of the price thereof credited in favour of the Bank by way of Bank draft to liquidate the dues of the defendant nos. 1 to 3 and particularly dues of the defendant no. 1 (by Bank draft) who would adjust the same towards the Loan Account of the plaintiff. (e) Temporary injunction; (f) Receiver; (g) Costs; (h) Further or other reliefs to which the plaintiff may be found entitled to in law and equity. ;