A.SEETHARAM REDDY, V.MADHAVA RAO
BACHARAJ SINGHVI – Appellant
Versus
HASTIMAL KOTHARI – Respondent
( 1 ) THIS is an appeal against the order granting interim injunction under Order 39 rule 1 C. P. C. The order reads as under :"heard Shri Bankatlai Mandhana, Advocate, Perused the affidavit allegations. In view of the allegations I think urgent orders have to be passed. Interim injunction and notice by 13-6-1980. Compliance affidavit under 0. 39 R. 3 (b) C. P. C. , has to be filed on 15-4-1980. Call on 15-4-1980. "the learned counsel for the appellant submitted that when an ex parte interim injunction was granted without notice, it is necessary that the Court should record the reasons therefore and that the mandatory provision directing the Court to record the reasons is not complied with in the present case and therefore the Order granting interim injunction is vitiated. Order 39 Rule 3 C. P. C. , reads as under :"3. Before granting injunction Court to direct notice to opposite party: The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party. Provided that, where it is proposed to gran
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