Disposed

Skoda Auto India Pvt. Ltd. v. Monte Carlo Fashions Limited

Delhi HC3 Jan 2018FAO/500/2017

Case brief

AI extract

What is this about?

This appeal vitiated an ex parte injunction stayed by this Court. The appellant withdrew its insistence on maintaining the injunction pending disposal of interim applications under Order XXXIX CPC. The Court disposed of the appeal and pending applications without adjudicating the merits, directing the Trial Court to decide uninfluenced by these orders.

What did the court decide?

The appeal and the caveator's application (with separate caveat) and associated interim applications were disposed off without adjudication on merits; the appeal was disposed along with pending applic

Skoda Auto India Pvt. Ltd. Vs Monte Carlo… — Contract and Commercial Disputes | Delhi HC (2018)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO 500/2017

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SKODA AUTO INDIA PVT LTD. ..... Appellant Through: Mr. Akhil Sibal, Senior Advocate with Mr. R. Sudhinder and Ms. Ekta Bhasin, Advocates.

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Versus MONTE CARLO FASHIONS LIMITED ..... Respondent Through: Mr. Sudhir Chandra, Senior Advocate with Mr. Varun Lal and Mr. Rahul Singh, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R

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% 03.01.2018 CAV. No.1116/2017

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Since the learned counsel for the caveator has put in appearance, the caveat stands disposed off.

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C.M.Nos. 47062-63/2017 & 140/2018 (for exemption)

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Allowed, subject to all just exceptions.

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The applications stand disposed off.

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FAO 500/2017 & C.M.Nos. 47061/2017 & 138-39/2018

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This appeal impugns the ex parte injunction passed by the Trial Court against the appellant on 25.09.2017. The injunction order was stayed by this Court on 22.12.2017 till today. The appellant’s application for early hearing of the application for vacating the ex parte injunction is stated to be listed on 15.01.2018 before the Trial Court.

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Mr. Sudhir Chandra, the learned Senior Advocate for the appellant, fairly states upon instructions, that the appellant would not insist upon the subsistence and operation of the injunction till the disposal of the applications under Order XXXIX Rule 4 CPC and Order XXXIX Rules 1 and 2 CPC.

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In the circumstances, the Trial Court is requested to dispose-off the aforementioned applications as soon as possible, preferably by the end of this month or as soon as may be practicable thereafter.

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Nothing stated in this order or in the order of 22.12.2017 shall be deemed to be an adjudication upon or a reflection on the merits of the case and the Trial Court would take a view in the matter, as it deems appropriate, uninfluenced by these two orders.

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With the above directions, the appeal, alongwith pending applications, stands disposed off.

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A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master.

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NAJMI WAZIRI, J.

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JANUARY 03, 2018 sb

Skoda Auto India Pvt. Ltd. v. Monte Carlo Fashions Limited

Case brief

What is this about?

What did the court decide?

Skoda Auto India Pvt. Ltd. v. Monte Carlo Fashions Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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