Santosh Kumar Singh v. Dhirendra Singh and 4 Others

Neutral Citation No. - 2023:AHC:233058

Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 10728 of 2023

Petitioner :- Santosh Kumar Singh Respondent :- Dhirendra Singh And 4 Others Counsel for Petitioner :- Harshit Pathak,Anurag Pathak,Dhanvant Singh,Namman Raj Vanshi Counsel for Respondent :- Dharmendra Kumar Dohare,Anil Kumar Pandey,Dhiresh Kumar

Hon'ble Prakash Padia,J.

1. Heard learned counsel for the parties and perused the record.

1. The only prayer made by the petitioner in the present petition to direct the Court below to decide the injunction application being Paper No.6C2 filed in Suit No.1322 of 2022 (Dhirendra Singh Vs. Tilakraj Singh and others) expeditiously. 3.It is argued by learned counsel for the petitioner that the aforesaid suit has been filed by the respondent namely Dhirendra Singh against five persons including the present petitioner. In the aforesaid suit, an ex-parte interim order was granted in favour of the respondent-defendant by the Court below on 02.05.2022. It is argued by learned cousnel for the petitioner that the aforesaid order has been passed without considering the basis ingredients for grant of injunction namely (a) prima facie case, (b) balance of convenience and inconvenience, and (c) irreparable loss and injury. It is argued that in the case of Makers Development Services (P) Lad. v. M. Visvesvaraye industrial | Research & Development Centre, (2012) 1 SCC 735 : (2012) 1 SCC (Gy) 379, it has been held by the Hon'ble Supreme Court that while passing an interim order of injunction under Order 39, Rules 1 and 27 the court is required to consider three basic principles, namely, (a) prima facie case, (b) balance of convenience and inconvenience, and (c) irreparable loss and injury. Learned counsel for the petitioner prays that the Court below be directed to decide the the aforesaid application expeditiously.