FAO 3/2008 BEFORE HON’BLE MR. JUSTICE T.N.K. SINGH 1. Heard Mr. A. Das, learned counsel appearing for the appellant-de fendant. 2. This FAO No.3 of 2008 is directed against the ex-parte injunction order dated 20.12.2007 wherein and whereunder the learned trial Court had directed the appellant-defendant to maintain the statuesquo in respect of the pledged goods until 3.1.2008. The appellant-defendant also had already filed the objection to the said application for the temporary injunction. Mr. Das, learned counsel appe aring for the appellant-defendant submits at the Bar that there is no order of t he learned trial Court for extending the impugned ex-parte injunction order date d 20.12.2007 beyond 3.1.2008. From the perusal of the impugned ex-parte injuncti on order dated 20.12.2007, it appears that the appellant-defendant had been dire cted to maintain statuesquo in respect of the pledged goods only upto 3.1.2008. 3. Therefore, there is no injunction order at present if the impugned ex-pa rte injunction order dated 20.12.2007 had not been extended by a subsequent orde r passed by the learned trial Court. Under Order 39 Rule 3A of the CPC, in the case of passing exparte injunc tion order, the trial Court shall dispose of the application for injunction with in 30 days from the date on which the exparte injunction was granted and in case the learned trial Court is unable to do so the reasons should be recorded for s uch inability. 4. Because of the peculiar facts and circumstances, this appeal is disposed of at the admission stage. 5. From the perusal of the pleading of the plaintiff as well as the defenda nt it is clear that the pledged goods are perishable item and as such the injunc tion matter is required to be disposed of as early as possible. In the event of failure to do so, the pledged goods being the perishable item i.e. wheat shall c ertainly be damaged and as a result thereof both the parties will be looser. In the above factual circumstances, the learned trial Court is directed to dispose of the said injunction matter within 30 days from the date of receipt of the ord er of this Court 6. In the event of failure on the part of the learned trial Court to dispos e of the injunction matter within the stipulated period of one month, the pledge d good shall be sold out by public auction. The plaintiff-respondent may also pa rticipate in the public auction. The sales proceed of the public auction of the pledged good shall be deposited in the Court. 7. This Court is of the considered view that no prejudice shall cause to th e respondent-plaintiff in disposing the present appeal at the admission stage in the manner indicated above inasmuch as he will have the ample opportunity to pu t his case before the trial court while the matter for injunction is considered and disposed of in his presence and also he will have the opportunity to partici pate in the public auction in the case of failure to dispose of the application for injunction by the trial Court within the stipulated period of one month and also the sales proceed shall be deposited in the trial Court.