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.