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Indiabulls Finance Services Limited vs M/S. Jubilee Plots And Housing Private ... on 13 July, 2009

9. It is true that an order of exparte interim injunction cannot directly be challenged before this Court under Article 227 of the Constitution of India. However, where an exparte injunction has been granted without examining or considering the prima facie case and merely the ingredients of Order 39 of the Code of Civil Procedure has been reproduced in the order, this Court has the jurisdiction to entertain a Civil Revision Petition against such an order. The position of law is no longer res integra and it is well settled by a catena of decisions of this Court. Useful reference can be made to the judgment in Indiabulls Finance Services Limited v. Jubilee Plots and Housing Private Limited and others reported in (2009) 4 CTC 64 and in A.S.Ansar v. A.K.Abdul Kareem reported in (2018) 6 CTC 407. This Court does not find any reasons that have been assigned by the Court below, while http://www.judis.nic.in 4/6 C.R.P.(MD) No.1056 of 2012 granting an order of interim injunction in favour of the respondent.

A.S.Ansar vs A.K.Abdul Kareem on 17 August, 2018

9. It is true that an order of exparte interim injunction cannot directly be challenged before this Court under Article 227 of the Constitution of India. However, where an exparte injunction has been granted without examining or considering the prima facie case and merely the ingredients of Order 39 of the Code of Civil Procedure has been reproduced in the order, this Court has the jurisdiction to entertain a Civil Revision Petition against such an order. The position of law is no longer res integra and it is well settled by a catena of decisions of this Court. Useful reference can be made to the judgment in Indiabulls Finance Services Limited v. Jubilee Plots and Housing Private Limited and others reported in (2009) 4 CTC 64 and in A.S.Ansar v. A.K.Abdul Kareem reported in (2018) 6 CTC 407. This Court does not find any reasons that have been assigned by the Court below, while http://www.judis.nic.in 4/6 C.R.P.(MD) No.1056 of 2012 granting an order of interim injunction in favour of the respondent.
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