Madras High Court
M/S.Sundaram Industries Limited vs M/S.Natsyn Rubber Recycling ... on 7 July, 2021
C.R.P.(NPD) No.247 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.247 of 2018
and C.M.P.No.1402 of 2018
M/s.Sundaram Industries Limited,
Rep. by its Senior Manager,
Legal & Authorized representative
S.Habibullah,
S/o.Late Md.Abdullah,
No.180, Anna Salai,
Chennai - 600 006. ... Petitioner
Vs
1.M/s.Natsyn Rubber Recycling Private Limited,
Rep. by its Director Kavivannan,
S/o.Sundaram,
No.24/13, Jansi Rani Street,
Maraimalai Nagar, Chennai 603 209.
2.S.Kavivannan
3.S.Sandeep Kumar Panda
4.S.Hemavathi ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.247 of 2018
Prayer: Civil Revision Petition filed under Section 115 of CPC, against the
Judgment and Decree of the Principal District Judge, Kancheepuram
District at Chengalpattu dated 21.08.2017 made in C.M.A.No.7 of 2015
reversing the fair and decreetal order of the Principal Subordinate Judge,
Chengalpattu made in I.A.No.365 of 2015 in O.S.No.91 of 2015 dated
28.07.2015.
For Petitioner : M/s.Norton and Grant
For Respondents : Mr.S.Ravikumar for R1
R4 - Not Ready in Notice
R2 and R3 - Notice Served
**********
ORDER
This Civil Revision Petition is filed against the Judgment and Decree
of the learned Principal District Judge, Kancheepuram District at
Chengalpattu dated 21.08.2017 made in C.M.A.No.7 of 2015 reversing the
fair and decreetal order of the learned Principal Subordinate Judge,
Chengalpattu made in I.A.No.365 of 2015 in O.S.No.91 of 2015, thereby
granted interim injunction.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.247 of 2018
2. The petitioner is the plaintiff and the respondents are the
defendants in the said suit. The petitioner / plaintiff filed the said suit for
permanent injunction restraining the defendants, their agents, servants,
representatives or any one else claiming on behalf of them from carrying on
business of manufacturing, marketing, selling, distributing, servicing or in
any manner associating with the manufacture and supply of Devulcanized
Rubber Compound or Crumb to any person using the technology and / or
process adopted and used by the plaintiff / petitioner and / or which is
similar, duplicated or identical thereto.
3. The petitioner also filed the application for interim injunction and
the Court below granted an order of interim injunction on 28.07.2015.
Aggrieved by the same, the respondents filed the Civil Miscellaneous
Appeal before the Principal District Court, Kancheepuram District at
Chengalpattu as against the order of interim injunction. The 1st Appellate
Court set aside the interim injunction order and dismissed the application
for interim injunction for the reason that the respondents have made out a
prima facie case by allowing C.M.A.No.7 of 2015 by Judgment dated
21.08.2017.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.247 of 2018
4. This Court is of the considered opinion that the First Appellate
Court ought not to have gone into the merits of the said suit. Therefore, the
respondents are directed to maintain status-quo till the disposal of the main
suit. The Trial Court is directed to dispose the suit, within a period of three
months from the date of receipt of a copy of this order.
5. Accordingly, this Civil Revision Petition is disposed of.
Consequently, the connected miscellaneous petition is closed. No order as
to costs.
07.07.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.247 of 2018
To
1.The Principal District Judge,
Kancheepuram District,
Chengalpattu.
2.The Principal Subordinate Judge,
Chengalpattu.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.247 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(NPD) No.247 of 2018
and C.M.P.No.1402 of 2018
07.07.2021
https://www.mhc.tn.gov.in/judis/
