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TMI Blog2012 (7) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 2. The original Company Petition has been filed by the appellant against the respondent Company for winding up on the ground of inability to pay its debts, under Section 433[e] r/w. Section 494[1][a] and 439[1][b] of the Companies Act, 1956. Pending the said Company Petition, the appellant filed Company Application No.1911 of 2010, seeking an order of injunction in respect of 'a' to 'e' schedule of immovable properties, from creating any third party interest and also not to make any sale of the movable properties, including minerals lying at the stockyard of the mines of the Company in Karnataka and Andhra Pradesh. 3. Originally, by order dated 20.12.2010, an order of injunction was granted in respect of all items of sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has restored the earlier order of injunction and directed the learned Company Court Judge to decide the matter afresh by remitting the same. The operative portion of the judgment reads as under: "10. In the above said circumstances, without assigning any reasons, the learned Single Judge has vacated the order dated 20.12.2010 which is not sustainable in law. Further more, it is pertinent to note here that the order dated 20.12.2010 has been modified on 7.1.2011 after hearing both sides. But, that order has not been challenged by either parties. In such circumstances, we are of the view that the order passed by the learned Single Judge is not sustainable, which is liable to be set aside. Hence, we are of the considered view that it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for adjournment, and dismissed the application, assigning proper reasons. His contention is that when once the Division Bench has decided the issue by restoring the order of injunction, the same cannot be refused to be accepted by the learned Judge, which is improper. 6. On the other hand, Mr. G.R. Swaminathan, learned counsel appearing for the respondent has contended that the Company Petition was heard on many occasions in detail by the learned Judge and at the time when the portfolio was about to be changed, the request made by the learned counsel for the appellant was not actually accepted by the learned Judge, and therefore, the order of the learned Judge even if granting an adjournment by not extending the order of injunction, cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ionary or interlocutory orders with due regard to the well settled principles of civil justice. Thus, any discretion exercised or routine orders passed by the trial Judge in the course of the suit which may cause some inconvenience or, to some extent, prejudice to one party or the other cannot be treated as a judgment otherwise the appellate court (Division Bench) will be flooded with appeals from all kinds of orders passed by the trial Judge. The courts must give sufficient allowance to the trial Judge and raise a presumption that any discretionary order which he passes must be presumed to be correct unless it is ex facie legally erroneous or causes grave and substantial injustice. (2) That the interlocutory order in order to be a judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Senior Counsel for the appellant, when on a personal ground, a counsel requested for an adjournment and that request having been considered, as it is seen in the impugned order of the learned Judge by adjourning the matter after ten days, we are of the view that there is absolutely no reason for not extending the order of injunction. If the learned Judge had heard the entire matter on merits and wanted to decide the matter against the applicant, he is certainly entitled to, provided a reason having been assigned. Unfortunately, the learned Judge, in the impugned order, has not assigned any reason for not extending the order of injunction. The contention of the learned counsel for the respondent that this will not amount to passing a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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