JUDGMENT

asha Menon, J. - This petition has been filed under article 227 of the Constitution of India by the petitioners/defendants against the order dated 10th January, 2022 of the Commercial Court, South District, Saket, New Delhi.

2. Mr. Praveen Chaturvedi, learned counsel for the petitioners/defendants has submitted that the impugned order was liable to be set aside as it contained directions contrary to 'law of the land' and in contravention of the judgment dated 28th May, 2021 of this court in FaO (COMM) 41/2021 titled Black Diamond Track Parts Private Limited and Ors. Vs. Black Diamond Motors Private Limited. The learned counsel submitted that the Division Bench of this Court, while dealing with the First appeal in question, has set aside interim injunction which had been granted ex-parte to the respondent/plaintiff. Thus on the date when the impugned order was passed, there was no right left in the respondent/plaintiff which required protection. Such an observation in the impugned order was thus misplaced and against the orders of this court in the First appeal. It is further submitted that under Section 136 of the Code of Civil Procedure, 1908 ('CPC' in short), the court cou