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2026 DAILYLAW 40632 (CAL)

CANARA BANK v. M/S. FLAIR CONSTRUCTION AD OTHERS

CO/3140/2026 · 2026-09-16

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 16.09.2026 (AD 13) (S. Banerjee) CO 3140 of 2026 Canara Bank Vs. M/s. Flair Construction & Ors. Ms. Sreemoyee Mitra Mr. Navit Janim Islam …for the petitioner This application under Article 227 of the Constitution of India is at the instance of Canara Bank being the defendant no. 5 and is directed against an order dated April 16, 2025 passed by the learned Civil Judge (Jr. Division), 1st Court at Alipore, South 24 Parganas in Title Suit No. 589 of 2025. An order of injunction passed under Order 39 Rules 1 and 2 of the Civil Procedure Code in a suit is an appellable order under the provisions of Order 43 Rule 1(r) of the Civil Procedure Code. In view thereof, this Court is not inclined to entertain this application under Article 227 of the Constitution of India. At this stage learned advocate appearing for the petitioner submits that leave be granted to the petitioner to withdraw this civil revision application with liberty to approach the appropriate forum in accordance with law. 2 In the light of the submission made by the learned advocate appearing for the petitioner, this civil revisional application stands dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum in accordance with law. Learned advocate-on-record of the petitioner shall be permitted to take back the certified copy of the order impugned by replacing the same with a photostat copy thereof. (Hiranmay Bhattacharyya, J.)