Delhi High Court
Aditya Dave & Ors. vs Ms Trans Asian Industries ... on 18 February, 2022
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.02.2022
+ FAO 40/2022 & CM. APPL. 8846-47/2022
ADITYA DAVE & ORS. ...... Appellants
versus
MS TRANS ASIAN INDUSTRIES EXPOSITIONS PVT. LTD &
ANR. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Saurabh Prakash, Mr. Utsav Jain and Mr. Anant Aditya
Patro, Advocates with petitioners in person.
For the Respondent: Mr. Lakshay Dhamija, Advocate for R-1.
Ms. Richa Dhawan, Standing Counsel for SDMC.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Appellant impugns order dated 08.02.2022, whereby the
application filed by respondent No.1 under Order XXXIX Rule 1 and
2 has been disposed of.
3. Learned counsel for appellants submits that the application was
disposed of without giving any opportunity to file a reply. He further
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.02.2022
Signing Date:19.02.2022 10:08:38 20:35
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
submits that the trial court has not even considered the three basic
principles for grant of ad-interim injunction i.e., prima facie case,
balance of convenience and irreparable loss and injury, and has
disposed of the application finally.
4. Issue notice. Notice is accepted by learned counsel for
respondent No.1 as also by learned counsel for respondent No.2.
5. With the consent of parties, the appeal is taken up for final
disposal today.
6. Contention of learned counsel for appellants is that the notice of
the said application was received on 07.02.2022 for a hearing on
08.02.2022, when the counsel had prayed for an adjournment to file a
reply. However, no opportunity to file a reply was granted. It is
further contends that there are disputes with regard to the limitation as
well as the maintainability of the suit and the same have not been
considered by the trial court while disposing of the application.
7. Perusal of the impugned order shows that that no opportunity to
file a reply was granted to the appellant. Further, the court has not
returned any finding on the question of prima facie case, balance of
convenience, irreparable loss and injury likely to be caused to the
plaintiff.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.02.2022
Signing Date:19.02.2022 10:08:38 20:35
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
8. In that view of the above, the impugned order dated 08.02.2022
requires a modification to the extent the application under Order 39
Rules 1 & 2 shall not be treated as disposed of but shall be treated as
pending on the file of the trial court.
9. Appellant shall file a reply to the application within one week.
Rejoinder within two weeks thereafter. Thereafter, the trial court shall
consider the application afresh and pass a fresh speaking order.
10. The questions of limitation as well as maintainability are left
open. However, the objections shall be considered by the trial court
for forming a prima facie opinion on the merits.
11. The interim injunction granted by the Trial Court on 08.02.2022
shall continue till a final order is passed by the Trial Court on the said
application.
12. It is clarified that nothing stated herein shall amount to
expression of opinion on the merits of the contentions of either party
and the trial court shall dispose of the application without being
influenced by anything stated herein on merits.
13. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through e-mail by the Court
Master.
FEBRUARY 18, 2022/NA SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.02.2022
Signing Date:19.02.2022 10:08:38 20:35
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
