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2017 Supreme(Raj) 433

DEEPAK MAHESHWARI
Emkay Medicare Services through its Proprietor Ayub Ali S/o Noor Mohammed – Appellant
Versus
President, Rajasthan Medicare Relief Society – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.S. Singhvi Sr. Advocate, Mr. Rajat Dave, Mr. Vivek Aggarwal
For the Respondent:Mr. Ravi Bhansali, Sr. Advocate, Mr. Dhanesh Saraswat, Mohit Singhvi, Ms. Suman Porwal, Govt. Counsel

JUDGMENT :

1. Both these appeals arise out of the common judgment dated 11.09.2014, therefore, they are being decided by this common judgment. Learned lower appellate Court has also decided the first Appeal No.11/2011 and 12/2011 by common judgment dated 11.09.2014 arising out of the judgment and decree dated 19.10.2010 passed by Civil Judge (JD), Bikaner.

2. For convenience, facts of SB Civil Second Appeal No.221/2014 are taken into consideration.

3. Appellant M/s Emkay Medicare Service filed a suit for permanent and mandatory injunction against defendants, which was decreed vide judgment dated 19.10.2010 by learned Civil Judge (JD), Bikaner. Two appeals were preferred against the said judgment; one was filed by defendant No.4 M/s. Ganpati Diagnostic Centre (Civil First Appeal No.11/2011) and another was preferred by Chairman, Rajasthan Medicare Relief Society, PBM Hospital, Bikaner (in short, “RMRS”) & others (Civil First appeal No.12/2011). Learned lower appellate Court allowed both the appeals and quashed and set aside the judgment and decree dated 19.10.2010 passed by learned trial Court vide judgment dated 11.09.2014. Plaintiff-appellant Emkey Medicare Services has preferred bot























































































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