SANJIV KHANNA, J.

Intra Court Appeal, FAO (OS)(COMM.)/168/2017 by Metis Eduventures Private Limited and FAO (OS)(COMM)167/2017, by Neeraj Kukreja, Harvinder Kumar, Dheeraj Singh, Rahul Bainsla, Prateek Chaturvedi, impugn the common order dated 24th August, 2017 passed by the Single Judge in IA 8356/2017 under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (‘Code’ for short), in suit No. CS (COMM) 485/2017 filed by M/S K.D. Campus Private Limited for mandatory and permanent injunction, restraint etc.

2. The aforesaid suit had come up for hearing for the first time before the Single Judge on 26th July, 2017. Appellant, Metis Eduventures Private Limited was present in the Court on the said date of hearing to oppose the suit and grant of injunction. On 26th July, 2017, the following order was passed:-

“CS(COMM) 485/2017 and I.A. No. 8356/2017 (under Order XXXIX Rule 1 and 2 CPC)

1. Plaint be registered as a suit.

2. Issue summons in the suit and notice in the application to the defendant Nos. 2 to 8 on the plaintiff taking steps through ordinary and dasti process and all other modes including email, returnable on 24th August, 2017.

3. Learned counsel for defendant No. 1 accepts summons in the suit and notice in the application. Written statement to the suit be filed within the statutory period and reply affidavit to the application be filed within four weeks.

4. Learned counsel for the plaintiff prays for an ad-interim ex-parte relief against the defendants at least till the conclusion of the schedule programme.

5. A perusal of the plaint reveals that the SSC Preliminary Exams are scheduled to take place on 1st August, 2017 and all the coursers of the students for the said batch were to conclude on or before July end/early August, 2017. Month of July coming to an end, this Court finds no ground to pass any ad-interim ex-parte injunction at this stage.

3. It is the case of Metis Eduventures Private Limited that they had written a letter to the counsel for K.D. Campus Private Limited seeking copy of the paper-book. The said paper-book was furnished on 1st August, 2017. Accordingly, the statutory time to file written statement and reply to the application for injunction within four weeks as granted vide order dated 26th July, 2017 would begin from 1st August, 2017.

4. It is the case of the appellants in FAO(OS)(COMM) 168/2017 that they were served with the summons in the suit and notice in the application sometimes on 22nd August, 2017, except Neeraj Kukreja who was served on 20th August, 2017.

5. The grievance of the appellant - Metis Eduventures Private Limited is that even when the time for filing the reply and written statement as granted by order dated 26th July, 2017 had not expired, on 24th August, 2017 the following interim injunction order was passed :-

“IA 8356/2017 (u/oXXXIX R 1 & 2 CPC)

Considering the memorandums of understanding dated 25th August, 2015, 10th August, 2016, 1st July, 2016, 8th July, 2016 and 21st May, 2016 entered into between the plaintiff and defendant Nos. 2 to 6 respectively whereby they have agreed not to give private tuitions to any student whether of the plaintiff’s coaching institute or any other coaching institute nor be interested in any other coaching institute unless otherwise expressly permitted, till the next date of hearing defendant Nos. 2 to 6 are restrained from imparting private tuitions to any student of the plaintiff’s coaching institute or any other coaching institute. However, this injunction order would not be a restrain on the defendant Nos. 2 to 6 to teach students who are neither enrolled with the plaintiff’s institute or any other coaching institute.”

6. The contention of Metis Eduventures Private Limited is that though this injunction order is not against them, as defendant nos. 2 to 6, the appellants in FAO(OS)(COMM) 168/2017, are working with them, said order would operate squarely against them, for it restrains the said defendants from imparting tuitions at the ap