Full Text
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t, o/o 19.O9.2OLL
Present: Mr. Amit Sibal, Advocate with Mr. Mohit Goel, Ms. Sangeeta Goel, Mr. Jayant & Mr. Sidhant Goel, Advocates for the Appellant, CM No.17505/2011 (Exemption)
Allowed subject to just exceptions.
+ FAO (OS) No.449-451/2011 & CM No.17504/2011 (Stavr
After some hearing learned counsel for the appellant confines the relief to making the date already fixed by the learned single Judge on the application under Order 39 Rule 4
CPC, i.e., lA No.14230120L1, on 17.10.2011 as an effective date.'
Learned counsel expresses some apprehension that since the suit is renotified for 18.11.2011, the original date, the interim application may not be taken up on L7.L0.2OLL.
We find that such an apprehension is misplaced as the learned single Judge, conscious of the early decision required on
' an interlocutory application has issued notice for a fresh date for
17.10.2011 while the earlier order granting . injunction on
-G|
!1 23.8.2011 had made the notice returnable on 18.11.2011 both on the suit and the application under Order 39 Rules 1 & 2 CPC.
In order to ensure that the respondents/plaintifft Oo not take any advantage of only a notice being issued returnable on
L7.10.2011, we direct that the respondents shall file the reply to iG
FAO (oS) No.449-45 L/20L 1 Page 7 of2
2011:DHC:10981-DB
-*/:-.
4+\ \ rrl %., lA No.L423O|2O11 in CS (OS) No.2037/2OLL within ten (10) days of the service of the notice on the application. Rejoinder to the reply filed by the appellant to lA No.1-326512011 under Order 39
Rules 1 & 2 CPC be also filed within the same time and the appellant can file rejoinder within five (5) days of the reply being filed to lA No.14230/2011.
The appeal and the application stand disposed of with the aforesaid directions.
Dasti to learned counsel for the appellant under the signatures of the Court Master so that a copy of the order is served on learned counsel for the respondents, 6&-
SANJAY KISHAN KAUL, J.
-)
\/x^\t*ult/
SEPTEMBER 19, 2OLL b'nesh
RAJIV SHAKDHER, J.
\}
FAO (OS) No.449-45 1/20L 1. Page 2 of2
2011:DHC:10981-DB
Allowed subject to just exceptions.
+ FAO (OS) No.449-451/2011 & CM No.17504/2011 (Stavr
After some hearing learned counsel for the appellant confines the relief to making the date already fixed by the learned single Judge on the application under Order 39 Rule 4
CPC, i.e., lA No.14230120L1, on 17.10.2011 as an effective date.'
Learned counsel expresses some apprehension that since the suit is renotified for 18.11.2011, the original date, the interim application may not be taken up on L7.L0.2OLL.
We find that such an apprehension is misplaced as the learned single Judge, conscious of the early decision required on
' an interlocutory application has issued notice for a fresh date for
17.10.2011 while the earlier order granting . injunction on
-G|
!1 23.8.2011 had made the notice returnable on 18.11.2011 both on the suit and the application under Order 39 Rules 1 & 2 CPC.
In order to ensure that the respondents/plaintifft Oo not take any advantage of only a notice being issued returnable on
L7.10.2011, we direct that the respondents shall file the reply to iG
FAO (oS) No.449-45 L/20L 1 Page 7 of2
2011:DHC:10981-DB
-*/:-.
4+\ \ rrl %., lA No.L423O|2O11 in CS (OS) No.2037/2OLL within ten (10) days of the service of the notice on the application. Rejoinder to the reply filed by the appellant to lA No.1-326512011 under Order 39
Rules 1 & 2 CPC be also filed within the same time and the appellant can file rejoinder within five (5) days of the reply being filed to lA No.14230/2011.
The appeal and the application stand disposed of with the aforesaid directions.
Dasti to learned counsel for the appellant under the signatures of the Court Master so that a copy of the order is served on learned counsel for the respondents, 6&-
SANJAY KISHAN KAUL, J.
-)
\/x^\t*ult/
SEPTEMBER 19, 2OLL b'nesh
RAJIV SHAKDHER, J.
\}
FAO (OS) No.449-45 1/20L 1. Page 2 of2
2011:DHC:10981-DB
JUDGMENT