M/S Micro Labs Ltd vs M/S Sunlife Sciences Pvt Ltd
2022 Latest Caselaw 8560 Kant

                            1



 IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 10TH DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

     MISCELLANEOUS FIRST APPEAL NO.2493/2021 (IPR)


BETWEEN:

M/S. MICRO LABS LTD.,
A COMPANY INCORPORATED
UNDER COMPANIES ACT 1956,
HAVING ITS OFFICE AT NO. 27,
RACE COURSE ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
GENERAL MANAGER (LEGAL),
MR. G. ASHOK KUMAR.
                                           ...APPELLANT

(BY SMT.HARSHITA RATHOD, ADVOCATE)


AND:


1.      M/S. SUNLIFE SCIENCES PVT. LTD.,
        NO. 15, PISTA TOWER,
        2ND FLOOR, 3RD CROSS,
        RV SHETTY LAYOUT,
        SESHADRIPURAM,
        BENGALURU - 560 020.
        REPRESENTED BY ITS
        AUTHORIZED SIGNATORY.
                             2



2.   M/S. ASHWINI MEDICALS AND
     GENERAL STORES, GANGA COMPLEX,
     NELAGADARANAHALLI,
     BANGALORE - 560 073.
     BY ITS PROPRIETOR.
                                  ...RESPONDENTS

(BY SRI.M.VAIBAV, ADVOCATE FOR R1;
    SRI.H.J.ANAND, ADVOCATE FOR R2)


     THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r)
OF CPC, AGAINST THE ORDER DATED 26.03.2021 PASSED
ON I.A. NO.2 IN O.S.NO. 526/2021 ON THE FILE OF THE
XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY
(CCH.NO.10), DISMISSING I.A. NO.2 FILED UNDER ORDER
39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.


     THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal by the plaintiff in O.S. No.526/2021 on

the file of XVIII Addl. City Civil Judge, Bengaluru City is

directed against the impugned order on I.A. No.2 dated

26.03.2021, filed by the appellant / plaintiff under Order

XXXIX Rules 1 and 2 of CPC, seeking an order of

temporary injunction. By the impugned order the said

application I.A. No.2 was rejected by the Trial Court.

2. Heard learned counsel for the appellant and

learned counsel for the respondents and perused the

material on record.

3. Though several contentions are urged by both

sides in respect of their respective claims, having regard to

the fact that the impugned order was passed more than

one year back and the appellant did not have the benefit of

any interim order of this Court in the present appeal till

today, without expressing any opinion on the merits or

demerits of the present appeal and the contentions urged

by both sides, I deem it appropriate to dispose off the

appeal by directing the Trial Court to dispose off the suit

on merits as expeditiously as possible and preferably

within a period of six months from today without being

influenced by the findings and observations recorded in the

impugned order.

Ordered accordingly.

All rival contentions on merits are kept open and no

opinion is expressed on the same.

Parties are directed to co-operate with the Trial

Court for early disposal of the suit in O.S. No.526/2021.

This appeal stands disposed of accordingly.

SD/-

JUDGE

sac*