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2001 Supreme(Del) 301

ARUN KUMAR, A.K.SIKRI
EASTERN BOOK COMPANY – Appellant
Versus
NAVIN J. DESAI – Respondent


Advocates Appeared:
ASHOK SETHI, MANMOHAN SINGH, P.N.LEKHI, PARVIN ANAND, PRATIBHA M.SINGH, Ravinder Sethi, S.K.Mohanty, SANGITA GOEL

Arun Kumar

( 1 ) THIS appeal is directed against a judgment of the learned Single Judge dated 17/1/2001 whereby application of the plaintiff under Order XXXIX Rules 1 and 2 and that of the defendant under Order XXXIX Rule 4 Civil Procedure code were disposed of. The learned Single Judge dismissed the application of the plaintiff for interim relief while the application of the defendant under Order XXXIX Rule 4 Civil Procedure code was allowed. As a matter of fact, by the impugned judgment similar applications under Order xxxix Rules 1 and 2 Civil Procedure code of the plaintiff and under Order XXXIX Rule 4 Civil Procedure code of the defendant in two suits were disposed of. The plaintiff is common in both the suits while the defendants are different. The cause of action pleaded and interim relief sought is similar in the two suits. Since plaintiffs applications in both the suits stood dismissed, these appeals have been filed by the plaintiff in both the suits.

( 2 ) THIS order will dispose of the applications for interim relief filed by the appellant in both the appeals.

( 3 ) BRIEFLY the facts are that plaintiff/appellant claims to be a publishing house of repute. The appellant is






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