Vinod Kumar Malhotra v. Monika And ORS

CR-1775-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-1775-2015 (O&M).

Decided on: March 12, 2015.

Vinod Kumar Malhotra ..... Petitioner(s)

Versus

Monika and others ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Piyush Kant Jain, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL) Vide impugned order an application for vacating the ex parte interim injunction has been dismissed. The main plea of the defendant- petitioner before the Courts below was that the provisions of Order 39 Rule 3 CPC had not been strictly complied with referring to the weight of the registered envelope received to assert that the copy of interim order along with all the documents had not been received. The interim order has not yet been confirmed by the trial Court. The trial Court has exercised its discretion in not vacating the stay.

This revision petition is disposed of as not maintainable against the said discretion used. However, it will be open to the petitioner to file written statement and seek dismissal of application under Order 39 Rules 1 & 2 CPC. The pleas taken up in RAJ KUMAR ARORA 2015.03.13 12:09 I attest to the accuracy and integrity of this document

CR-1775-2015 (O&M) this petition would also be available at the time of final adjudication of the application under Order 39 Rules 1 & 2 CPC. (M.M.S. BEDI) March 12, 2015.

JUDGE rka