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Madras High CourtOA/1075/2023allowed

Wipro Enterprises Private Limited v. Soft Touch International Limited And Another

2024-01-30Honourable Mr Justice Abdul Quddhose3 pages

O.A.No.1075 to 1077 of 2023 in C.S.(Comm.Div.)No.315 of 2023 ABDUL QUDDHOSE, J.

As seen from the affidavit of service filed by the learned counsel for the applicant/plaintiff enclosing delivery reports, both the respondents have been duly served with the notice in these applications.

2. Mr.R.Abishek, representing Mr.Anirudh Krishnan, learned counsel, undertakes to file vakalat on behalf of the second respondent/second defendant. However, there is no representation on the side of the first respondent/first defendant. The names of the respondents are also printed in the cause list today. The second respondent/second defendant is only a formal party.

3. This Court, by order dated 19.12.2023, granted interim injunction as prayed for in these applications. Since this Court granted interim injunction only after observing that a prima-facie case has been made out, and the balance of convenience and irreparable hardship have also been established by the plaintiff; and despite service of notice on the first respondent in these applications, no one has entered appearance on 1/3

behalf of them, the first respondent is set exparte by this Court. Interim injunction granted by this Court on 19.12.2023 in these applications is made absolute and accordingly, these applications are allowed as prayed for.

4. Since the second respondent is only a formal party, there is no necessity for the second respondent to file a counter affidavit. However, the presence of the learned counsel for the second respondent is noted. To await the service of suit summons, post the matter on 21.02.2024.

30.01.2024 rkm ABDUL QUDDHOSE, J.

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rkm O.A.No.1075 to 1077 of 2023 in C.S.(Comm.Div.)No.315 of 2023 30.01.2024 3/3