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2021 Supreme(Raj) 1557

VIJAY BISHNOI
Costar Group Inc. – Appellant
Versus
Arcgate Teleservices Private Limited – Respondent


Advocates appeared:
Mr M.S.Singhvi, Sr. Advocate assisted by Mr Muktesh Maheshwari Mr Faraz Sagar Mr Hiren Kamod Mr Aidan Choudhary Ms Simran Agarwal, Advocates, for the Petitioner

JUDGMENT

This writ petition is filed by the petitioners being aggrieved with the order dated 06.04.2021 passed by Judge, Commercial Court, Udaipur (for short 'the trial court' hereinafter) in C.I.S. No.06/2021, whereby the application preferred on behalf of the petitioners for ex parte appointment of Court Commissioner as per the provisions of Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short 'CPC' hereinafter) has been dismissed.

The petitioners filed a suit for injunction against the respondent - Arcgate Teleservices Private Limited before the trial court, which is pending consideration. Along with the said suit, the petitioners also preferred an application under Order XXVI Rule 9 CPC seeking ex parte appointment of Court Commissioner.

As per the petitioners, petitioner No.1 is a company incorporated under the laws of the State of Delaware in the United States of America and petitioner No.2 is a wholly owned subsidiary of petitioner No.1. It is claimed that the petitioners are leading provider of commercial real estate information, analytics and online marketplaces in the United States of America and they have developed the most comprehensive database of commercial

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