2013 (1) TMI 946 - HC - Indian Laws

Summary

Issues involved: Application under Order 39 Rules 1 and 2 CPC by plaintiff (I.A. 8586/2008) and application under Order 39 Rule 4 CPC by defendants (I.A. 9068/2008) in CS(OS) 1392/2008.

In CS(OS) 1392/2008, an Agreement was executed between the parties on 15th May, 2009, stating that if interim applications I.A. Nos. 8586 of 2008 and 9068 of 2008 are decided in favor of HT, IPRS shall return the amounts received. The Court passed an interim order on 28.07.2008, which was modified on 15.05.2009 based on the agreement between the parties. The interim order was to continue until the decision of the applications relating to interim relief. Subsequently, on 8th March, 2011, it was noted that the plaintiff is not entitled to an injunction as prayed for in suits CS(OS) No. 1185/2006 and CS(OS) No. 1996/2009. Plaintiff's application I.A. 8586/2008 was dismissed. However, since the Division Bench's judgment was challenged before the Supreme Court, the plaintiff was granted liberty to file a fresh application if the Supreme Court ruled in their favor. Defendant's application I.A. 9068/2008 was dismissed as infructuous. Another application, I.A. 12102/2011 in CS(OS) 1392/2008, was also dismissed as infructuous based on previous court orders. The case was listed for consideration of pending applications on 25th April, 2013.