2015 (2) TMI 1332 - HC - Companies Law

Restraint on defendants from in any manner obstructing or hindering the activities of the plaintiff-Company, towards the construction of Multi-storied residential complex - permanent injunction sought - HELD THAT - During the pendency of the above writ petition, the parties to the dispute have filed a joint memo requesting the Court to modify the ex-parte temporary injunction granted on 7-1-2015. At paragraph 2 of the joint memo, the respondents have undertaken that they will not act in any manner that is inconsistent with or detrimental to the rights of the petitioner-Company under the Joint Development Agreement dated 27-09-2012 or General Power of Attorney dated 27-09-2012 till consideration of the application filed by the plaintiff. In view of the undertaking given by the respondents, the order dated 07-01-2015 passed by the Trial Court is modified and the undertaking given by the respondent substitutes. The Order is to be set aside as the said Appeal was allowed without issuing notice to the Respondent therein (the Petitioner in this Writ Petition). The question of maintainability of the said Appeal is kept Open - Trial Court is directed to dispose of the application filed under Order 39 Rules 1 and 2 of CPC without being influenced by the above undertaking on or before 25-03-2015, in accordance with law.

Summary

Issues Involved:
Petitioner aggrieved by the order granting temporary injunction, non-compliance with Order 39 Rule 3 of CPC, challenge to the ex-parte interim order, modification of the temporary injunction, setting aside the appeal order, expeditious disposal of the matter.

Analysis:

The petitioner, as the plaintiff in a civil suit, sought a permanent injunction against the defendants to prevent obstruction in the construction of a residential complex as per a Development Agreement. The Trial Court granted an ex-parte interim order, which was challenged by the defendants in M.A.No.7/2015 for non-compliance with Order 39 Rule 3 of CPC. The Fast Track Court set aside the interim order without issuing notice to the respondent, leading to the petitioner filing a writ petition against this decision (Issue 1).

The High Court granted an interim order staying the Fast Track Court's decision and restoring the Trial Court's interim order, allowing the parties to move for vacating the interim order and ensuring early disposal of the matter (Issue 2). Subsequently, the parties filed a joint memo during the writ petition, modifying the temporary injunction by the Trial Court based on the respondents' undertaking not to act against the petitioner's rights under the Development Agreement until the application is considered (Issue 3).

The joint memo also addressed the setting aside of the appeal order and directed the Trial Court to dispose of the application under Order 39 Rules 1 and 2 of CPC by a specified date, keeping all contentions open (Issue 4). The High Court allowed the writ petition, setting aside the appeal order and modifying the interim order as per the joint memo, with directions for expeditious disposal of the matter by the Trial Court (Issue 5).