V.Venkatapathy v. V. Radhakrishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2022
CORAM:
Mr. JUSTICE N.SESHASAYEE and C.M.P.Nos.6615 and 6622 of 2022 V.Venkatapathy, ... Petitioner in C.R.P.No.1231 of 2022 V.Vasanthakumar,
...Petitioner in C.R.P.No.1233 of 2022
Vs.
1.V. Radhakrishnan 2.R.Krishnaveni 3.V.Muthammal 4.M.Neelavathi 5.M/s.Safvolt Switchgears Private, Limited Rep by Managing Director, G.Vijayakumar D.No.7/174, Vellanaipatty Village, Kalapatty Via Annur Taluk, Coimbatore District.
6.M/s.Sharp Liqtech, Rep by its Partner G.Velumani Babu Door No.2/79 Naduthottam Mailampatty, 7.M/s.Sharp Liqtech
Rep by its Partner V.Rajesh, Door No.2/79 Naduthottam Mailampatty, Combatore District.
8.M/s.Poongothai Textile Mills, Rep by its Authorised Signatory P.Tamilselvan S.No.13/2 West Palladam Road P. Vadugapalayam Palladam Taluk , Tiruppur District.
9.M/s.Allied Foundry, Rep by its Partner R.sathishkumar S.No.51/C, Arasur Foundry Park Coimbatore, Coimbatore District.
10. M/s.MJP Enterprises Private Limited Rep By its Fulltime Director Door No.19D/1, S.No.7/2 Kovilpalayam S.S.Kulam Town Panchayat Coimbatore - 641 107 11.M/s.Bright Foundries Coimbatore Private Limited Rep by its Managing Director S.Balraj S.No.281/1, Kattampatty Village, Sathy Road Ganesapuram, 12.M/s.Ferromax Foundries India Private Limited Rep by its Managing Director R.Satishkumar Door No.95/A1, Gluesta Park-1 Arasur, Coimbatore,
13.M/s.Shri Santhosh Meenakshi Textiles Private Limited Rep by its Managing Director U.Santoshkumar Door No.15 Sethurama Kandaresa Iyer Layout Trichy Road Coimbatore, 14.M/s Prema Engineering, Rep by its Proprietrix Mrs.K.S.Nirmala Door No.737/1 Thottiapalayam Road Civil Aerodrome Post, Coimbatore, Coimbatore District.
... Respondents in both C.R.Ps COMMON PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to aside the Docket order dated 24.02.2022 in I.A.No.1 of 2022 in O.S.Nos.101 and 102 of 2022 on the file of the III Additional District Judge Dharapuram.
For Petitioner in both C.R.P's :
Mr.K.Selvaraj COMMON ORDER These two Civil Revision Petitions arise out of two separate Interlocutory Applications, both numbered as I.A.No.1 of 2022 in two separate Suits in O.S.Nos.101 of 2022 and O.S.No.102 of 2022. The defendants are the same, as indicated, the plaintiffs have taken out separate application for an order of
interim injunction. The trial Court has rejected an ex-parte order of interim injunction but has gone elaborately and rather meticulously into the facts and circumstances and has literally entered a finding that there is no prima facie case nor is there a balance of convenience for grant of interim injunction, and it has also ordered notice to defendants on these two applications. 2.Learned counsel for the revision petitioners submitted that the Court needs to record the existence of the triple criteria for grant of injunction if it orders an ex-parte order of injunction and not when it chooses not to grant an exparte order of injunction. Entering a finding such as the one the learned trial Judge has ended for denying an exparte order of injunction literally wipes away the very right to seek an interim order once the defendant appears.
3.This Court finds that the learned trial Judge appears to have made a statement on the entitlement of the plaintiff to obtain an order of interim injunction one stage too early. To whom an irreparable injury will be caused depends on the nature of case which the defendants may come forward with. Inasmuch as the defendants have not even entered appearance, it is premature
on the part of the learned trial Judge to have entered a finding such as that. 4.Therefore, this Court does not intend to interfere with the decision of the learned trial Judge not to grant an exparte order of injunction, but is told that he will not let himself be influenced by the findings that he has now entered and he ought to wait till the defendants enter appearance. 5.These Civil Revision Petitions stand disposed of accordingly at the admission stage itself. This Court is informed that the defendants have entered appearance. The trial Court is now required to dispose of the injunction applications after hearing both the sides and dispose of the same within a period of one (1) month, at any rate not later than June 2022. Consequently, the connected miscellaneous petitions are closed. No costs. 21.04.2022 kas/dk To :
The III Additional District Judge, Dharapuram.
N.SESHASAYEE, J.
kas/dk CRP(PD)Nos.1231 &1233 of 2022 & C.M.P.Nos.6615 &6622 of 2022 21.04.2022