Page No.# 1/4 GAHC010106682025 2025:GAU-AS:6786 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/29/2025 DEBASISH KUMAR SINGHA S/O SRI DEBENDRA SINGHA, R/O HOUSE NO 14, MAIDAMGAON, BAKRAPARA, BASISTHA CHARIALI, GUWAHATI 781029, DIST. KAMRUP (M), ASSAM. VERSUS M/S PIBCO INDIA PVT. LTD. AND 2 ORS HAVING ITS REGISTERED OFFICE AT PIBCO BUILDING RUKMINIGAON, G.S. ROAD, KHANAPARA, GUWAHATI 781022 BEING REPRESENTED BY ITS MANAGING DIRECTOR SRI PRANJAL SHARMA, S/O LATE PABAN KUMAR SHARMA, R/O HOUSE NO 10, 7TH BY LANE, ZOO NARENGI ROAD, DIST. KAMRUP (M), ASSAM. 2:SMT. ANITA SHARMA W/O SRI RAJNISH GOSWAMI R/O HOUSE NO 2 BEHIND GOSWAMI SERVICE STATION PENSIONPARA LANE MANIRAM DEWAN ROAD SILPUKHURI GUWAHATI 281003 DIST. KAMRUP (M) ASSAM. 3:ND 24 PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 BEING DULY REPRESENTED BY ITS DIRECTOR KISHORE BORA HAVING ITS REGISTERED OFFICE AT 1ST FLOOR PARAMOUNT SQUARE VIP ROAD Page No.# 2/4 GUWAHATI 781036 DIST. KAMRUP(M) ASSAM Linked Case : I.A.(Civil)/1629/2025 DEBASISH KUMAR SINGHA S/O SRI DEBENDRA SINGHA R/O HOUSE NO 14 MAIDAMGAON BAKRAPARA BASISTHA CHARIALI GUWAHATI 781029 DIST. KAMRUP (M) ASSAM. VERSUS M/S PIBCO INDIA PVT LTD HAVING ITS REGISTERED OFFICE AT PIBCO BUILDING RUKMINIGAON G.S. ROAD KHANAPARA GUWAHATI 781022 BEING REPRESENTED BY ITS MANAGING DIRECTOR SRI PRANJAL SHARMA S/O LATE PABAN KUMAR SHARMA R/O HOUSE NO 10 7TH BY LANE ZOO NARENGI ROAD DIST. KAMRUP (M) ASSAM. 2:SMT. ANITA SHARMA W/O SRI RAJNISH GOSWAMI R/O HOUSE NO 2 BEHIND GOSWAMI SERVICE STATION PENSIONPARA LANE MANIRAM DEWAN ROAD SILPUKHURI GUWAHATI 281003 DIST. KAMRUP (M) ASSAM. 3:ND 24 PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 BEING DULY REPRESENTED BY ITS DIRECTOR KISHORE BORA HAVING ITS Page No.# 3/4 REGISTERED OFFICE AT 1ST FLOOR PARAMOUNT SQUARE VIP ROAD GUWAHATI 781036 DIST. KAMRUP(M) ASSAM. For the appellant (s) : Mr. S. P. Choudhury, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 26.05.2025 Heard Mr. S. P. Choudhury, the learned counsel appearing on behalf of the appellant. 2. This is an Appeal filed under Order XLIII Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 08.05.2025 passed in Misc.(J) Case No.428/2025 arising out of Title Suit No.287/2025 whereby the learned Court of the Civil Judge No.2, Kamrup (M) at Guwahati was of the opinion that the case was not a fit case for passing an ad-interim ex-parte injunction and accordingly issued notice making it returnable on 06.06.2025. 3. The learned counsel appearing on behalf of the appellant submitted that although there were various averments being made that the appellant herein was under the threat of eviction, but the learned Trial Court did not pass an ad-interim ex-parte injunction Page No.# 4/4 which was the need of the hour taking into account the facts involved. It is under such circumstances, the present Appeal has been filed seeking certain protection till the next date so fixed by the learned Trial Court, i.e. on 06.06.2025. 4. This Court has perused the materials on record and taking into account that the learned Trial Court which is the Court of the first instance after recording due reasons in its order dated 08.05.2025 has exercised its discretion not to grant an ad-interim ex-parte injunction, this Court would not like to exercise its appellate jurisdiction against the order dated 08.05.2025 and pass an order of ex-parte injunction. 5. Accordingly, this Court finds no merit in the instant Appeal for which the appeal stands dismissed. 6. Before parting with the record, this Court however observes that the appellant herein would be at liberty to file an application under Section 151 of the Code before the learned Trial Court, if there is any urgency that too showing good grounds and in such event, the learned Trial Court shall duly consider the same in accordance with law. JUDGE Comparing Assistant