2011 (4) TMI 1543 - HC - Indian Laws

High Court decides not to stay injunction order during appeal, directs informal paper book preparation.

The High Court of Calcutta, in a case involving an appeal against an injunction order, decided not to stay the order during the appeal process to maintain ... - Issues involved: Granting of injunction without filing affidavit-in-opposition, scope of appeal, preparation of informal paper book.In the judgment, the High Court of Calcutta, comprising of Justice Bhattacharya and Justice Dr. Sambuddha Chakrabarti, addressed the issue of an appeal filed against an order granting injunction. The Court decided not to stay the operation of the order to maintain the status quo during the appeal process. The appeal was considered limited in scope due to the absence of an affidavit-in-opposition from the defendant. The Court directed the appellant to prepare an informal paper book containing the Memorandum of Appeal and the plaint of the suit for submission to the respondent. The next hearing was scheduled for a specific date, and notice service to the respondent other than the plaintiff was dispensed with. The Court clarified that other parties could still appear and support any party involved in the case. Additionally, the Court allowed for the provision of an urgent certified copy of the order upon application by the parties, subject to necessary formalities.