Nitin Managal v. M/S Indiabulls Housing Finance Limited & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 508/2015 NITIN MANAGAL .... Appellant Represented by:

Mr.Amit Dube, Advocate with Mr.Rajul Srivastava, Advocate versus M/S INDIABULLS HOUSING FINANCE LIMITED & ORS ..... Respondents Represented by:

Mr.Rajiv Nayar, Sr.Advocate instructed by Mr.Amy Malhotra, Mr.Karan Luthra, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.04.2016 FAO(OS) 508/2015 1.

On October 27, 2014 registering the plaint as a suit and issuing summons the learned Single Judge took cognizance of IA No.20503/2014 (an application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure) and issuing notice returnable for November 13, 2014 passed an ex-parte ad-interim order restraining defendants No.1 and 2 in the suit from proceeding against the plaintiff before the Superior Court of Justice at Ontario, bearing No.CV-14-509707 Veritas Investment Research Corporation and Neeraj Monga vs. Indiabulls Real Estate Limited and Indiabulls Housing Finance Limited.

FAO(OS) 508/2015

2.

Vide impugned order dated July 29, 2015, IA No.20503/2014 has been disposed of confirming the ex-parte ad-interim order dated October 29, 2014. There are no reasons given. The order simply records that the interim order dated October 27, 2014 is confirmed during the pendency of the suit. 3.

Under the circumstances, we dispose of the appeal setting aside the impugned order dated July 29, 2015 but limited to the appellant. IA No.20503/2014 shall be decided by the learned Single Judge after noting the case of the respective parties and with reasons, conclusions to be arrived at. 4.

We clarify, the effect of the present order would be that the ex-parte ad-interim injunction continues qua the appellant till disposal of IA No.20503/2014.

5.

No costs.

CM No.18490/2015 Dismissed as infructuous.

PRADEEP NANDRAJOG, J MUKTA GUPTA, J APRIL 05, 2016 skb FAO(OS) 508/2015