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Himalaya Drug Co. vs Sbl Limited on 3 June, 2010

5. Learned senior counsel appearing for the plaintiff has pointed out tht immediately after the injunction order was passed by this court on 03.10.2017 they had by courier on 10.10.2017 in compliance of the provisions of Order 39 Rule 3 CPC dispatched the complete paperbook to defendant No.3. The paper book was received on 15.10.2017. Reliance is placed on a legal opinion filed by defendant No.3 dated 18.10.2017 which notes that the counsel were approached on 15.10.2017 for its opinion. This document it is pleaded shows that on 15.10.2017 courier has been delivered to the defendant No.3. He also relies upon judgments of the Division Bench in Himalaya Drug Company vs. SBL Limited, 194 (2012)DLT 536 and judgments of this court in Nat Organic Chemicals Industries vs. B.L.Industries, (1988) 34 DLT 232 and Ashwani Pan Products Pvt. Ltd. vs. Krishna Traders, 2012 (128) DRJ 592 to plead that unless grave prejudice is shown by the applicant/defendant No.3 there can be no reason to vacate the interim order.

M/S Ashwani Pan Products Pvt. Ltd. vs M/S Krishna Traders on 2 March, 2012

5. Learned senior counsel appearing for the plaintiff has pointed out tht immediately after the injunction order was passed by this court on 03.10.2017 they had by courier on 10.10.2017 in compliance of the provisions of Order 39 Rule 3 CPC dispatched the complete paperbook to defendant No.3. The paper book was received on 15.10.2017. Reliance is placed on a legal opinion filed by defendant No.3 dated 18.10.2017 which notes that the counsel were approached on 15.10.2017 for its opinion. This document it is pleaded shows that on 15.10.2017 courier has been delivered to the defendant No.3. He also relies upon judgments of the Division Bench in Himalaya Drug Company vs. SBL Limited, 194 (2012)DLT 536 and judgments of this court in Nat Organic Chemicals Industries vs. B.L.Industries, (1988) 34 DLT 232 and Ashwani Pan Products Pvt. Ltd. vs. Krishna Traders, 2012 (128) DRJ 592 to plead that unless grave prejudice is shown by the applicant/defendant No.3 there can be no reason to vacate the interim order.
Delhi High Court Cites 6 - Cited by 5 - M Singh - Full Document
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