16.09.2009 IA No.9768/2009

1. This is an application filed by Defendants 2 to 5 and 7 (hereinafter „applicants/„defendants under Order XXXIX Rules 3 and 4 CPC seeking vacation of an ex parte ad interim injunction granted by this Court by an order dated 22nd July 2009 in IA No.9150/2009 in the above suit.

2. Notice in this application was directed to issue by this Court on 3rd August 2009. Replies have been filed by the Plaintiffs and a rejoinder thereto has been filed by the applicants.

3. This Court has heard the submissions of Mr. Samdarshi Sanjay, the learned Advocate for the Plaintiffs and Ms. Vibha Mahajan Seth, the learned Advocate for the Applicants/Defendants 2 to 5 and 7.

4. It is stated in the application that despite this Court in its order dated 22nd July, 2009 directing that the Plaintiffs should comply with the requirements of Order XXXIX Rule 3 CPC within one week, the Plaintiffs did not serve upon the Applicants within one week a copy of the plaint, the applications, the affidavits and documents filed by the Plaintiffs along with the Plaint. It is stated that this Court had appointed Local Commissioners to visit the Defendants premises to examine