score that
the trial court cannot pass an order of injunction on a
second application for temporary injunction when the
first one was disposed ... second application for temporary injunction. There is
no fetter in the Code of Civil Procedure that more than
one application for temporary injunction cannot
granted
with the presumption as if no hearing on the temporary injunction
application is to be taken up.
Further, a perusal of the order impugned ... suit property till the final disposal of the
temporary injunction application and secondly, the Court has not
entertained the present appeals qua any relief over
13th February,
2023.
Initially, an application for injunction was moved being GA 1 of 2022. In
the said application, directions for filing of affidavits were ... being APOT 241 of 2022.
Between the first and the second application for injunction filed by the
plaintiffs, three applications were filed by the defendant
Google Llc vs Drs Logistics (P) Ltd. & Ors on 10 August, 2023
Author: Vibhu
revenue record.
Learned senior counsel further submits that when earlier application
filed by the plaintiffs under Order 39 Rules ... plaintiffs
further, the order has attained finality and, therefore, second application
for injunction filed in the garb of Order 39 Rule
granted
with the presumption as if no hearing on the temporary injunction
application is to be taken up.
Further, a perusal of the order impugned ... suit property till the final disposal of the
temporary injunction application and secondly, the Court has not
entertained the present appeals qua any relief over
injunction
application in the first instance in the appellant's favour, had erred in rejecting
the application made by the appellant the second time ... allowed, the impugned Order was set aside, in
consequence, the injunction application submitted by the appellant under
Section 9 of the Arbitration Act was allowed
first defendant prayed for
dismissal of the application for interim injunction.
10.(i) The second defendant/mother of the plaintiff has filed a
separate counter ... itself
is false and consequently, the second defendant prayed for dismissal of the
application for ad-interim injunction.
11. (i) Notwithstanding the filing
second appeal, plaintiff's
brother Satya Narain Sharma moved an application dated
25.08.1992 seeking his impleadment in the present appeal and
although his application ... present second
appeal and dismissing his application for impleadment, do not
obliterate the averment made by him in the application from
consideration and since
temporary injunction, which
was once rejected, I do not propose to lay down an absolute
proposition that once an application for temporary injunction is
rejected ... precluded from entertaining a subsequent application for grant of
temporary injunction on account of change of circumstances. Under
second Proviso to Order 39 Rule
