Defendant refused to receive notice in two interim injunction applications and an application to combine causes of action in a commercial suit; defendant was set ex parte, interim injunction made absolute and both applications allowed.
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O.A. Nos.122 and 123 of 2024
O.A. Nos.122 and 123 of 2024 and
A. No.1015 of 2024 in C.S. (COMM. DIV.) No.36 of 2024
ABDUL QUDDHOSE, J.
A)
An Affidavit of Service has been filed by the learned counsel for
the plaintiff enclosing the returned cover received from the respondent / defendant. As seen from the same, the respondent / defendant has
refused to receive the notice in O.A. Nos.122 and 123 of 2024.
2. Since the respondent / defendant has refused to receive the
notice it amounts to deemed service of notice. Accordingly the respondent / defendant is set exparte by this Court and the interim injunction granted by this Court on 23.02.2024 in O.A. Nos.122 and 123
of 2024 is made absolute and the said applications are allowed as prayed for.
B)
The respondent / defendant has also refused to receive the notice in A. No.1015 of 2024 as seen from the Affidavit of Service. Hence, the
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O.A. Nos.122 and 123 of 2024
respondent / defendant is also set exparte in A. No.1015 of 2024. A.
No.1015 of 2024 has been filed seeking to combine the cause of action.
This Court is satisfied with the reasons contained in the affidavit
filed in support of this application as sufficient cause has been shown. Accordingly, A. No.1015 of 2024 is allowed as prayed for.
C)
The suit summons on the defendant has also been returned with an
endorsement, “refused” which amounts to deemed service.
Registry is directed to print the name of the defendant and post the
matter on 18.03.2024.
01.03.2024
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O.A. Nos.122 and 123 of 2024
ABDUL QUDDHOSE, J.
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O.A. Nos.122 and 123 of 2024 and A. No.1015 of 2024 in C.S. (COMM. DIV.) No.36 of 2024
01.03.2024
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Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
