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2024 Supreme(HP) 27

SATYEN VAIDYA
Ambuja Cement Ltd. – Appellant
Versus
Bimla Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Neeraj Gupta, Kulwant Chauhan.
For the Respondents: Ram Krishan Sharma, Sanjeev Bhushan, Sohail Khan.

 

1. All these petitions are being decided together as common questions of law arise from identical facts.

2. The first respondents in all these petitions are the original plaintiffs before the learned trial Court in their respective suits (hereinafter referred to as plaintiff). Petitioner herein has been impleaded as defendant No. 1 (hereinafter referred to as the Company) and respondent No. 2 herein has been impleaded as defendant No. 2 (hereinafter referred to as the Society) in all the suits.

3. By way of these petitions, the Company has assailed the orders passed by the learned Appellate Court under Order 43, Rule 1 (r) of the Code of Civil Procedure (for short “the Code”) affirming the orders of ad- interim injunction passed by learned trial Court against the Company on the applications of plaintiffs in all the petitions.

4. Brief facts necessary for adjudication of these petitions are that the Society is a ‘Cooperative Society registered under Himachal Pradesh Cooperative Societies Act, 1968’ (for short “1968 Act”). Plaintiffs are the members of the Society. The said Society has been formed by the residents of the area affected by acquisition of land for establishment of cement

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