Back
B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Ieee Mumbai Section Welfare Association – Appellant
Versus
Global Ieee Institute For Engineers – Respondent
| Table of Content |
|---|
| 1. conclusion and directives for expeditious disposal. (Para 1 , 2 , 7 , 9 , 10) |
| 2. the high court's action on appeal involving plaint rejection. (Para 3 , 4) |
| 3. temporary injunction requires a subsisting plaint. (Para 5) |
| 4. setting aside the temporary injunction order. (Para 6 , 8) |
ORDER :
1. Leave granted.
2. We have heard learned counsel for the appellant and learned senior counsel for the respondent, at length.
3. The impugned order dated 15.04.2025 is passed on I.A.NO.1 of 2025 in COMAP NO.181 of 2025 by the High Court of Karnataka at Bengaluru. The said appeal is filed assailing the order passed by the LXXXIV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru on I.A.NO.4 of 2024 in Commercial Original Suit No.906 of 2024. The said application (IA NO.4 of 2024) was filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC" for short) seeking rejection of the plaint. By the order dated 12.03.2025, the plaint was rejected by the Commercial Court.
4. Being aggrieved, the respondent herein has filed COMAP No.181 of 2025. Along with the said appeal, an application (IA NO.1 of 2025) was filed by the respondent herein seeking temporary injunc
Point of law: Hon’ble Supreme Court as well as various Courts while interpreting power under Section 151 CPC has held that when no specific provision is there, under which, relief can be granted, the....
Ad-interim injunction – For grant of temporary injunction, petitioner must establish prima facie possession, balance of convenience, and likelihood of irreparable loss, as enumerated under Order 39 R....
The cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole for rejection of the plaint under Order VII, Rule 11 CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
