DELHI HIGH COURT
SANJEEV SACHDEVA
Bank of Baroda – Appellant
Versus
Union Bank of India – Respondent
Based on the provided legal document, the key points are as follows:
The appeal was against an order dated 10.12.2020, which dismissed applications filed under Order 39 Rule 4 CPC by both the appellant and respondent no. 1 (!) (!) .
The applications sought the vacation of an earlier order dated 25.02.2013, which had been confirmed by an order dated 13.08.2015 (!) .
The court noted that an application under Order 39 Rule 4 CPC is permissible only if the applicant demonstrates a change in circumstances or undue hardship since the original order (!) (!) .
The court observed that the appellant failed to establish any change in circumstances or undue hardship that would warrant modification or vacation of the injunction (!) .
It was also noted that no appeal had been filed against the original orders, and the application did not meet the legal requirements stipulated for such modifications (!) (!) .
Consequently, the court upheld the trial court's decision, affirming that the orders of injunction should remain in effect and that the application under Order 39 Rule 4 CPC was rightly rejected (!) (!) .
The court emphasized the importance of expediting the trial proceedings, directing the trial court to conclude the case by a specified date (!) .
The judgment clarified that the order did not express an opinion on the merits of the case but was limited to the procedural and legal considerations regarding the injunction and its modification (!) .
The order was to be uploaded on the court's website and communicated to the involved parties (!) .
These points encapsulate the court's reasoning and decision regarding the application for modification of an injunction under the specified procedural rules.
| Table of Content |
|---|
| 1. impugning previous orders and application dismissals. (Para 2 , 3 , 4 , 6 , 7 , 8 , 10) |
| 2. court's rationale for maintaining prior injunctions. (Para 9 , 13 , 14 , 15) |
| 3. conditions under order 39 rule 4 cpc for modifying injunctions. (Para 11 , 12 , 16) |
| 4. rejection of the appeal and instruction for expediting trial. (Para 17 , 18) |
| 5. final clarification on judicial opinion and order dissemination. (Para 19 , 20) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Appellant impugns order dated 10.12.2020 whereby the application filed by the appellant as also by respondent no. 1 under Order 39 Rule 4 CPC have been dismissed.
3. Both applications had sought vacation of order dated 25.02.2013 which had been confirmed by the order dated 13.08.2015.
4. Notice has been served on respondent No. 3, however, none appears for respondent no. 3 (defendant No. 2 in the suit). Learned counsel for the appellant submits that since appellant has already made the payment of the letter of credit to respondent No. 3, respondent no. 3 may not be interested in defending the appeal.
5. In view of the above, respondent no. 3 (defendant no.2 in the s
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.