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2017 Supreme(Del) 21

VIPIN SANGHI
FDC LIMITED – Appellant
Versus
DOCSUGGEST HEALTHCARE SERVICES PVT. LTD. – Respondent


Advocates Appeared:
For the Plaintiff :Shwetasree Majumder, Advocate.
For the Defendants :Anil Sapra, Sr. Adv. with Mohit Chadha, Pankhuri Bhardwaj, Ishwer Upneja and Trisha Raichandani, Advocates.

JUDGMENT :

VIPIN SANGHI, J.

1. On 21.03.2016, I.A. No. 3733/2016 filed by the defendant No. 1 under Order 39 Rule 4 Code of Civil Procedure (hereinafter "CPC") was listed. Notice was accepted by learned counsel for the plaintiff and the parties addressed their submissions on the aforesaid two applications – the first being I.A. No.6690/2015 preferred by the plaintiff under Order 39 Rule 1 & 2 CPC to seek interim injunction, and the latter i.e. I.A. No. 3733/2016 preferred by the defendant No. 1 - being an application under Order 39 Rule 4 CPC to seek the vacation of the ex-parte ad-interim order of injunction dated 06.04.2015 passed by this court in the plaintiffs aforesaid application. Thereafter, orders were reserved. Since the same could not be pronounced earlier, the matter was listed for recapitulation of the submissions on 22.12.2016. The learned senior counsels were heard and orders reserved on the same day.

2. In I.A. No. 6690/2015, this Court passed an ex parte order of injunction on 06.04.2015 in favour of the plaintiff, thereby directing that

“till further orders the d












































































































































































































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