Rakesh Kumar Diwan vs M/S J.P.S. Global Limited & 7 ...
2014 Latest Caselaw 3504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 37316 of 2014
 

 
Petitioner :- Rakesh Kumar Diwan
 
Respondent :- M/S J.P.S. Global Limited & 7 Others
 
Counsel for Petitioner :- S.S. Sharma,R.S. Chauhan
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has come up to this Court challenging the jurisdiction of the appellate court to decide appeal under Order XLIII Rule 1(R) CPC. It is submitted that the suit has been valued at Rs. 9,00,000/- (Rs. Nine Lacs) and, therefore, the appellate court has no jurisdiction to decide the appeal against grant of interim injunction.

Issue notice to the respondents returnable at an early date for which learned counsel for the petitioner will take steps within a week.

The respondents may file counter affidavit within one month.

List thereafter.

In the meantime, it is, however, provided that the appellate court is at liberty  to decide the application with regard to valuation of the suit.

Order Date :- 22.7.2014

SKM