Ms Ion Exchange India Ltd. v. Ms Zico Environmental Solutions Pvt. Ltd. & Ors.
Case brief
What is this about?
Ion Exchange India Ltd / Ion Exchange (India) Ltd and Ultrapure Envirocare Pvt. Ltd. v. Zico Environmental Solutions Pvt. Ltd. & Ors. - High Court of Delhi, FAO(OS) 104/2023, FAO(OS) 109/2023, FAO(OS) 59/2025, decided 03.09.2025 by Anil Kshetarpal and Harish Vaidyanathan Shankar, JJ. Interim-injunction/impleadment dispute: appeals disposed of by consent with directions to the Single Judge on pending Order VI Rule 17 read with Order I Rule 10 CPC and Order XXXIX Rule 1 and 2 CPC applications (to be decided uninfluenced by the order dated 22.04.2025 in I.A. 6186/2024); Rs.1,00,000/- costs retained in FAO(OS) 104/2023 and 109/2023; Rs.1,00,000/- deposit refunded in FAO(OS) 59/2025. Relevant keywords: FAO(OS), Order XXXIX Rules 1, 2, 2A and 4 CPC, Order XXVI Rule 9 CPC Local Commissioner, Order VI Rule 17, Order I Rule 10, Contempt of Courts Act 1971, impleadment, cost refund.
What did the court decide?
All three Appeals disposed of by common order with consent of counsel; learned Single Judge directed to (i) decide the Plaintiff's application under Order VI Rule 17 read with Order I Rule 10 CPC, and (ii) decide the application under Order XXXIX Rule 1 and 2 CPC uninfluenced by the Impugned Order dated 22.04.2025 passed in I.A. 6186/2024; cost of Rs.1,00,000/- imposed in FAO(OS) 104/2023 and FAO(OS) 109/2023 not recalled; Registrar General directed to return Rs.1,00,000/- deposited by the Appellant in FAO(OS) 59/2025; photocopy of the order to be kept in connected matters.