The Commercial Appellate Court disposed of the appeal against an ad-interim ex-parte injunction. It directed the District Judge to decide the temporary injunction application, considering objections, within six weeks.
Direction to the lower court to decide the temporary injunction application within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
19.21.22-comao.docx
Digitally IN THE HIGH COURT OF JUDICATURE AT BOMBAY signed by BASAVRAJ CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2023.08.04 COMMERCIAL APPEAL FROM ORDER NO.21 OF 2022 18:15:28 +0530 IN
COMMERCIAL APPEAL FROM ORDER NO.21 OF 2022 IN COMMERCIAL SUIT NO.4 OF 2022 WITH INTERIM APPLICATION NO.30695 OF 2022 IN
COMMERCIAL APPEAL FROM ORDER NO.21 OF 2022
Oscar Infrastructure Pvt. Ltd. & Anr.
….. Appellants
Vs.
Apara Jagdish Wagh & Ors. ….. Respondents
Mr. Vineet Naik, Senior Advocate a/w. Mr. Anoshak Davar, Kevin Pereira, Ashwin Sawlani I/b. Chinmaya Acharya for the Appellants
Mr. Anuj Desai I/b. Ram Ramrakhiani for the Respondents
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE : AUGUST 4, 2023
P.C.
Nos.1 and 2 and the learned Counsel representing the Respondents – Plaintiffs.
Basavraj 1/3
19.21.22-comao.docx
Judge-II Kalyan in Commercial Suit No.4 of 2022. While passing ad-interim injunction, the learned Court below has also directed the Plaintiffs to take steps under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908.
2/3
Basavraj
19.21.22-comao.docx
the objections filed by the Appellants – Defendant Nos.1 and 2, in accordance with law and with expedition, preferably within six
weeks from today.
(ARIF S. DOCTOR,J)
(CHIEF JUSTICE)
3/3
Basavraj
1 issue framed by the court
Whether the appeal against an ad-interim ex-parte injunction order should be disposed of by directing the lower court to decide the temporary injunction application in a time-bound manner.
1 provisions across 1 enactments
Oscar Infrastructure Pvt. Ltd. & Anr.
Apara Jagdish Wagh & Ors.
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
