Bijendra Singh v. India Finance Corporation Limited

2024:UHC:9842 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

W PMS No. 3 5 4 2 of 2 0 2 4 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J.

Mr. Neeraj Garg & Mr. Rajendra Arya, Advocates for the petitioner.

¶2Petitioner is aggrieved by order dated

02.07.2024, passed by learned Civil Judge (Junior Division), Vikasnagar, Dehradun in O.S. No. 112 of 2024. By the said order, learned Trial Court issued notice on the temporary injunction application, fixing 25.07.2024. Thereafter, the next dates fixed for disposal of temporary injunction application were

06.09.2024,

09.10.2024, 20.11.2024 & 23.12.2024, and now, next date fixed is 31.01.2025.

¶3Learned counsel for petitioner submits that in the facts and circumstances of the case, it was incumbent upon the Trial Court to grant ex parte interim injunction in favour of petitioner.

¶4This Court is not impressed by the said submission. The order passed by learned Trial Court cannot be faulted in view of provision contained in Rule 3 of Order 39 CPC, which reads as under: -

"3 . Befor e gr an t in g in j u n ct ion , Cou r t t o dir ect n ot ice t o opposit e par t y . The Court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an

2024:UHC:9842 injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents on which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent."

¶5Learned counsel for petitioner then submits that defendant no. 1 was not served earlier; however, today defendant no. 1 has put in appearance through her counsel before learned Trial Court.

¶6Since defendant no. 1 is represented before Trial Court and summons have been duly served upon other respondents, therefore, writ petition is disposed of with a request to learned Trial Court to consider the prayer made by petitioner for temporary injunction in his application on the next date fixed i.e.

31.01.2025.

( Man oj Ku m ar Tiw ar i, A.C.J.)

23.12.2024 Navin

NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3ctia15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.15 11:55:34 +05'30'