Partha Ghosh and anr. Vs. Pragati 47 Development Ltd. and ors.

Partha Ghosh and anr. vs Pragati 47 Development Ltd. and ors.

Type Court Judgment Court Kolkata Decided Oct 05, 2010

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https://sooperkanoon.com/case/906093

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Citation: sooperkanoon.com/906093
Court: Kolkata High Court
Judge: I . P. Mukerji, J.
Decided On: Oct 05, 2010
Case Number: APOT No. 557 of 2010
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Partha Ghosh and anr.

Advocate Mr. S.N.Mukherjee, Sr. ; Mr. Ratnanko Banerjee, Advs.

Respondent

Pragati 47 Development Ltd. and ors.

Advocate Mr. Utpal Bose, Adv.

Excerpt

the court : this appeal against the order dated 1st october, 2010, passed by the company law board is admitted. by consent of the parties, the appeal itself is disposed of by this order. lthough the order under appeal recites the respective contentions of the parties, there are no reasons in the order for not granting the interim reliefs prayed for in the application. if interim reliefs are prayed for and not granted, reasons ought to be provided for not granting it, after considering the established principles of prima facie case, balance of convenience and irreparable injury. as the order does not provide reasons, a question of law arises from such order. this order is set aside. the company law board is directed to expeditiously pass an order in the interim application before it, with reasons. in the facts and circumstances, both the sides should be heard afresh before passing such order. the appeal is allowed to the above extent. all undertakings are discharged. all parties concerned are to act on a signed photocopy of this order upon the usual undertakings.

Full Judgment

The Court : This appeal against the order dated 1st October, 2010, passed by the Company Law Board is admitted.

By consent of the parties, the appeal itself is disposed of by this order. lthough the order under appeal recites the respective contentions of the parties, there are no reasons in the order for not granting the interim reliefs prayed for in the application. If interim reliefs are prayed for and not granted, reasons ought to be provided for not granting it, after considering the established principles of prima facie case, balance of convenience and irreparable injury.

As the order does not provide reasons, a question of law arises from such order. This order is set aside. The Company Law Board is directed to expeditiously pass an order in the interim application before it, with reasons. In the facts and circumstances, both the sides should be heard afresh before passing such order.

The appeal is allowed to the above extent.

All undertakings are discharged. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings.

Same Court & Year Kolkata · 2010 Same Parties Partha Ghosh and anr. vs Pragati 47 Development Ltd. and ors. Same Subject Education Same Judge I . P. Mukerji, J.