M/S.Gemini Edibles And Fats India Limited v. Sharaff Satyadeva

in C.S.(Comm.Div.) No.93 of 2023 ABDUL QUDDHOSE, J.

Till date, counter affidavits in O.A.Nos.346 to 348 of 2023 have not been placed on record, though the learned counsel for the respondent/defendant would submit that the counter affidavits in O.A.Nos.346 to 348 of 2023 have already been filed into the Registry as early as on 12.10.2023.

2. In fact, on the last hearing date i.e., on 03.11.2023, the learned counsel for the respondent/defendant sought time to get instructions as to whether the interim injunction granted in O.A.Nos.346 to 348 of 2023 can be made absolute and the parties can be directed to go for trial.

3. Since the counter affidavits in O.A.Nos.346 to 348 of 2023 have not been placed on record before this Court till date, though the learned counsel for the respondent/defendant would contend that the counter affidavits have already been filed into the Registry, this Court is making the interim injunction granted by this Court in O.A.Nos.346 to 348 of 1/3

2023 absolute, since the interim injunction was granted by this Court by its order dated 24.04.2023. Accordingly, interim injunction granted by this Court on 24.04.2023 in O.A.Nos.346 to 348 of 2023 is made absolute and O.A.Nos.346 to 348 of 2023 are allowed as prayed.

4. If the written statement has already been filed into the Registry along with condone delay application, Registry is directed to number the said application if it is available and if it is otherwise in order, and list the same for hearing on 30.11.2023, along with written statement. 09.11.2023 rkm 2/3

ABDUL QUDDHOSE, J.

rkm in C.S.(Comm.Div.) No.93 of 2023 09.11.2023 3/3