Exide Industries Ltd. vs Exide Corporation, Usa And Ors. on 17 October, 2001
In support of her contention that the ad-interim injunction is not liable to be vacated for the alleged non-compliance of the provisions of Order 39 Rule 3 CPC, she has relied upon decisions of this Court in the case of Exide Industries Ltd. Vs. Exide Corporatioin, USA and Ors., and an earlier judgment in the case of Nat Organic Chemicals Industries Vs. B.L. Industries, wherein the Court has taken a view that it is not in all cases of non-compliance of the provisions of Order 39 Rule 3 CPC that an ex-parte order should be vacated but before doing so, the defendant must show that it has caused a serious prejudice to him.