Supreme Court - Daily Orders
Parle Biscuits Pvt. Limited vs M/S. Kabsico Agro Foods (India)Private ... on 5 September, 2019
Bench: N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.2260 OF 2012
PARLE BISCUITS PVT. LIMITED … APPELLANT
Versus
M/S. KABISCO AGRO FOODS (INDIA)PRIVATE LIMITED … RESPONDENT
O R D E R
The instant appeal, by way of special leave, is directed
against the order dated 10.07.2008 passed by the High Court of
Judicature at Allahabad in First Appeal from Order No.2020 of 2008
wherein the High Court while declining to grant interim injunction
to the appellant herein dismissed the appeal.
This Court vide order dated 10.11.2008, while issuing
notice, granted interim relief in terms of para 8(c) of the SLP.
Para 8(c) of the SLP is reproduced hereunder:
“8(c) Grant ex-parte ad-interim injunction
against the Respondent in respect of Suit Property
situated at Plot No.34-C, Greater Noida Industrial
Development Area, District Gautam Budh Nagar, U.P.
from creating third party interest in any manner
or mode whatsoever during the pendency of the
present proceedings.”
Thereafter, vide order dated 21.02.2012, leave was granted
and ad-interim order dated 10.11.2008 was made absolute till the
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.09.13
17:12:59 IST
disposal of the appeal.
Reason:
…………………….2/-
2
Having heard learned counsel for the parties and perusing
the material placed before us, we are of the view that the instant
matter can be disposed of with the direction to the trial court to
decide the suit, pending before it, in accordance with law as
expeditiously as possible. Till the disposal of the suit by the
trial court, the interim relief granted by this Court vide order
dated 10.11.2008 shall continue. Ordered accordingly.
We make it clear that we have not expressed any opinion on
the merits of the matter and the same shall be decided by the trial
court on its own merits without being influenced by any of the
observations made by the High Court or this Court.
With the aforesaid direction, the appeal stands disposed
of.
.........................J.
(N.V.RAMANA)
........................J.
(MOHAN M.SHANTANAGOUDAR)
........................J.
(AJAY RASTOGI)
NEW DELHI;
SEPTEMBER 05, 2019.
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ITEM NO.108 COURT NO.3 SECTION III-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).2260/2012
PARLE BISCUITS PVT. LIMITED Appellant(s)
VERSUS
M/S. KABISCO AGRO FOODS (INDIA)PRIVATE LIMITED Respondent(s)
Date : 05-09-2019 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE AJAY RASTOGI
For Appellant(s) Mr.V.Giri, Sr.Adv.
Mr.Vikram Mehta, Adv.
Ms.Debolina Roy, Adv.
Ms.Kanishka Shivhare, Adv.
Mr.Vikas Mehta, AOR
For Respondent(s) Mr.Tarkeshwar Nath, Adv.
Mr.Rohig Prasad Gaur, Adv.
Mr.Mahavir Rawat, Adv.
Mr.Rameshwar Prasad Goyal, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeal stands disposed of in terms of the signed order.
(SATISH KUMAR YADAV) (RAJ RANI NEGI) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)