Rajasthan High Court - Jaipur
Jhuntha Ram Saini S/O Richpal Singh ... vs M/S Anheuser Bush Inbev India Limited on 4 November, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Revision Petition No.232/2022
1. Jhuntha Ram Saini S/o Richpal Singh Saini, Aged About
50 Years, R/o Village And Post Barod, Tehsil Behror
District Alwar Rajasthan. Working M/s. Anheuser Bush
Inbev India Limited Sp-2-3, Riico Industrial Area, Nb
Nemrana, District Alwar Rajasthan.
2. Khel Karan S/o Bhorelal, R/o Village Ranoth, District
Alwar. Working M/s. Anheuser Bush Inbev India Limited
Sp-2-3, Riico Industrial Area, Nb Nemrana, District Alwar
Rajasthan.
3. Mahipal S/o Devilal, R/o Village Riwali District Alwar
Rajasthan. Working M/s. Anheuser Bush Inbev India
Limited Sp-2-3, Riico Industrial Area, Nb Neemrana,
District Alwar Rajasthan.
4. Sube Singh Yadav S/o Jagmal Singh Yadav, R/o Village
Kundarsinghpura, Post Rodwal, Tehsil Behror District
Alwar Rajasthan.working M/s. Anheuser Bush Inbev India
Limited Sp-2-3, Riico Industrial Area, Nb Neemrana,
District Alwar Rajasthan.
----Petitioners
Versus
1. M/s Anheuser Bush Inbev India Limited, Through
Authorized Signatory Heera Lal Yadav Sp 2-3 Riico
Industrial Area, Nb Neemrana District Alwar Rajasthan.
2. Shri G.s. Verma S/o Lakhmichand, R/o Vpo Kurampur
District Gurugram 122506 Working At M/s. Anheuser
Bush Inbev India Limited Sp-2-3, Riico Industrial Area,
Nb Neemrana, District Alwar Rajasthan.
----Respondents
For Petitioner(s) : Mr. Suresh Kashyap
For Respondent(s) : Mr. Veyankatesh Garg
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
04/11/2022
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(2 of 3) [CR-232/2022]
1. The instant revision petition has been filed by and on behalf of petitioners-defendant Nos.2 to 5 assailing the order dated 29.09.2022 passed in Case No.34/62/22 by the Court of Civil Judge Neemrana Distrct Alwar whereby and whereunder their application under Order VII Rule 11 CPC has been dismissed.
2. Learned counsel for petitioners have pointed out that respondent No.1-plaintiff-M/s. Anheuser Bush Inbev India Limited earlier filed a civil suit for permanent injunction bearing No.76/2021 titled M/s. Anheuser Bush Inbev India Limited vs. Rosez Braverage Shramik Ekta Union before the Civil Judge & Judicial Magistrate, Behror District Alwar which was rejected under Order VII Rule 11 CPC vide order dated 22.03.2021.
3. Against that order, respondent No.1-plaintiff has preferred first appeal, which is at present pending before the Court of Additional District Judge No.1, Behror District Alwar. Thereafter, during pendency of the first appeal, respondent No.1-plaintiff has again filed a fresh suit on 29.09.2021 bearing No.34/62/2022 before the Civil Judge, Neemrana District Alwar for permanent injunction wherein although the cause of action is different but more or less, substantially the prayer is identical to the prayer made in the previous suit. He submits that petitioners are defendants in both the suits.
4. According to counsel for petitioners, this subsequent suit cannot proceed further rather is not maintainable, until the first appeal against rejection of previous suit is pending and in case first suit would be revived, the present suit for similar relief are permissible in law.
5. Counsel appearing for and on behalf of respondent No.1- plaintiff submits, on instructions of their client that they are (Downloaded on 11/11/2022 at 09:05:09 PM) (3 of 3) [CR-232/2022] agreeable to withdraw the first suit bearing No.76/2021 and accordingly, they will move application before the first appellate court i.e. Additional District Judge No.1 Behror. He submits that since the respondent No.1-plaintiff is not pressing and would withdraw his first suit No.76/2021, the present civil suit bearing No.34/62/2022 is maintainable and amenable for trial before the civil court.
6. Having heard the contention of counsel for both parties, without interfering in the impugned order dated 29.09.2022, the instant revision petition is disposed of in following terms:-
"(I). Respondent No.1-plaintiff shall move an application seeking permission to withdraw his previous suit No.76/2021 pending before the appellate court i.e. Additional District Judge No.1 Behror District Alwar and on moving such application, the appellate court would pass the order in respect of allowing to withdraw the suit. (II). Until the order is passed on the application for seeking withdrawal of previous suit No.76/2021 by the appellate court i.e. Additional District Judge No.1, Behror District Alwar the proceedings of present suit No.34/62/2022 shall remain stayed.
However, it is needless to say that after granting permission for the withdrawal of previous suit, respondent No.1-plaintiff may proceed with the trial of present civil suit before the Court of Civil Judge, Neemrana District Alwar."
7. Accordingly the revision petition stands disposed of.
8. All pending application(s), if any, stand(s) disposed of.
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