Court revokes Ad interim injunction in CSD suit

DIMAPUR: The District and Sessions Judge Dimapur, on March 29, revoked the Ad interim injunction given to the old office bearers of Consumer Society Dimapur (CSD). As such, the newly selected office bearers/executive members are resuming functions of the CMC office, informed a press note from the CSD.

A copy of the court’s order, made available to the media, stated that “the tenure of the petitioners had already expired and it is after the expiry of the said tenure the new committee was elected.” It added that in the affidavit reply filed by the petitioners, “the petitioners had failed to reply to the specific averments of the respondents and had attempted to deviate from the issue raised in the applications.” “In the reply, the petitioners had raised triable issues, which could not be used to sustain the ad interim injunction order issued in their favor,” stated the order.

Stating that the courts does not have the power to extend the period of the petitioners as office bearers of the said society after expiry of three years, the court stated that “there is no prima facie case in favor of the petitioners nor any balance of convenience in their favor in order to sustain the ad interim junction.” Therefore, the order vacated the ad interim junction and allowed the application for vacating the same, with no order as to costs. “As already the issues are framed, the court would proceed with the trial of the suit,” it added.

 



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