Juneja Highrise Llp And ORS v. Simmi Jaireth And ORS

20.05.2022 SL No.1-14 Court No.8 ar F.M.A.T. 151 of 2022 JC Overseas Ltd.

Simi Jaireth & Ors.

And F.M.A.T. 152 of 2022 Juneja Heights LLP Simi Jaireth & Ors.

And F.M.A.T. 153 of 2022 Juneja Highrise LLP & Ors.

Simmi Jaireth & Ors.

And F.M.A.T. 154 of 2022 Indian Tanning Industries Pvt. Ltd. & Ors.

Simmi Jaireth & Ors.

And F.M.A.T. 155 of 2022 Hazelton Hirise LLP Simmi Jaireth & Ors.

And F.M.A.T. 156 of 2022 Bengal Juneja Leather Complex Ltd.

Simmi Jaireth & Ors.

And

F.M.A.T. 160 of 2022 Fenasia Ltd.

Simmi Jaireth & Ors.

And F.M.A.T. 166 of 2022 J C Overseas Ltd.

Simi Jaireth & Ors 32 And F.M.A.T. 167 of 2022 Juneja Heights LLP Simi Jaireth And F.M.A.T. 168 of 2022 Juneja Highrise LLP & Ors.

Simmi Jaireth & Ors.

And F.M.A.T. 169 of 2022 Indian Tanning Industries Pvt. Ltd. & Ors.

Simmi Jaireth & Ors.

And F.M.A.T. 170 of 2022 Fenasia Ltd.

Simmi Jaireth & Ors.

And F.M.A.T. 176 of 2022 Hazelton Highrise LLP Simmi Jaireth & Ors.

And

F.M.A.T. 177 of 2022 Bengal Juneja Leather Complex Limited Simmi Jairath & Ors.

These matters have been listed for correction of the order dated 19th May, 2022.

None appears on behalf of the parties.

There are few omissions and inadvertent errors in the last but one paragraph in the order dated 19th May, 2022 starting with "We have already...................".

The said paragraph shall stand deleted by inserting the following paragraph:- "We have already passed an order on 18th May, 2022 by which we have requested to the learned Trial Court to dispose of the application under Order VII Rule 11 of the Code of Civil Procedure as expeditiously as possible. However, we feel that once an application under Order XXXIX Rule 4 has been filed, the learned Trial Court ought to have considered the said application insofar as the said defendant is concerned. In view of the order passed today, we request the learned trial Court to dispose of the injunction application along with the connected applications on merits uninfluenced by the observations made in this order preferably on or before 15th July, 2022. The learned trial Judge, however, shall follow the guidelines and the legal principles we have discussed at the time of disposal of the pending applications. The parties are directed to file their written objections and reply thereto, if any, by the date fixed by the learned Trial Court."

The last paragraph of our order dated 19th May, 2022 the following paragraph is inserted:- "The appeals are allowed in part. The applications are disposed of in terms of this order."

Let the mistake be corrected.

Let the same be part and parcel of the order dated 19th May, 2022.

The other portions of the order dated 19th May, 2022 shall remain unaltered.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)