M/S.Pridhvi Asset Reconstruction And Securitization Company Ltd., v. O.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA M/s.Pridhvi Asset Reconstruction & Securitization Company Limited, D.No.1-55, Raja Praasadamu, 4th Floor, Wing I, Plot No.6,6A,6B, Botanical Garden Road, Kondapur, Hyderabad 500 084.

Rep. By its Vice President J.Mallaih ... Petitioner Vs.

1.O.Vasantha 2.M.Vidhya 3.S.Parvathi 4.M/s.D.R.Logistics (P) Ltd., (Formerly known as Devadoss Reddy Logistics Pvt.Ltd) Rep. By its Managing Director, R.Devadoss, 435/25, Municipal Complex, T.H.Road, Kalaidipet, Chennai 600 019.

... Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order of the IVth Additional District Court at Ponneri dated 29.03.2022, made in I.A.No.3 of 2019 in O.S.No.268 of 2019. 1/4

For Petitioner : Ms.Aishwarya S Nathan For Respondents : Mr.A.E.Ravichandran for R1 to R3

O R D E R

This civil revision petition has been filed against the order of the IVth Additional District Court at Ponneri dated 29.03.2022, made in I.A.No.3 of 2019 in O.S.No.268 of 2019, in refusing to extend the interim injunction which has been granted from time to time.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3.

3. It is seen from the Court records that the petitioner being the plaintiff, had availed the advantage of getting the interim order, extended by way of filing memo during each hearing. On 29.03.2022, when the memo was filed, the learned Trial Judge determined to hear the matter on merit and so refused to extend the injunction. Now, it is reliably learnt that the respondents have filed their written statements and issues have been framed. Under such circumstances, I feel that the interest of justice will be served, if the Trial Court expedite the trial and dispose of the suit itself. 2/4

4. However, the learned counsel for the respondents 1 to 3 insisted that the petitioner/plaintiff will not co-operate, if the injunction is extended without getting the petition under Order 39 Rule 1 and 2 of CPC, disposed on merits. Even the petitioner cannot have any objection to get the petition filed by him for temporary injunction, disposed of on merits.

5. Considering the same, this civil revision petition stands disposed of. The learned Trial Judge is directed to dispose of the I.A.No.3 of 2019, within a period of four weeks from the date of receipt of a copy of this order. Until such time, the interim injunction already granted vide order dated 11.05.2022, shall be extended. No costs. Consequently, connected miscellaneous petition is closed.

06.06.2022 Index: Yes/No Speaking / Non Speaking Order gsk NOTE : Issue order copy on 07.06.2022.

3/4

R.N.MANJULA, J gsk To The IVth Additional District Court, Ponneri.

06.06.2022 4/4