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2024 Supreme(HP) 134

SATYEN VAIDYA
Synergy Technologies – Appellant
Versus
Alvium Life Sciences – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri,
For the Respondent:Mr. P.S. Goverdhan, Sr. Advocate, with Mr. Rishi Tandon, Advocate, Ms. Sunita Sharma, Sr. Advocate, with Mr. Dhananjay Sharma, Advocate, Mr. L. N. Sharma, Addl. A.G.

Judgement Key Points

What is... How to assess compliance with Rule 3, Order 39 CPC regarding notice before interim relief? What is... What are the remedies when an interim ex parte order is challenged for non-compliance with Order 39 Rule 3? What is... How to handle maintenance of status quo and rehearing of CMA No. 168/6 of 2023 in light of Rule 3A/Rule 3 CPC and Article 227 jurisdiction?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is... How to assess compliance with Rule 3, Order 39 CPC regarding notice before interim relief?

What is... What are the remedies when an interim ex parte order is challenged for non-compliance with Order 39 Rule 3?

What is... How to handle maintenance of status quo and rehearing of CMA No. 168/6 of 2023 in light of Rule 3A/Rule 3 CPC and Article 227 jurisdiction?


JUDGMENT :

Satyen Vaidya, J.

Aggrieved against order dated 16.06.2023 passed by learned Senior Civil Judge, Kasauli, District Solan, H.P. in CMA No. 168/6 of 2023 in Civil Suit No. 35 of 2023, petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India.

2. Original suit No. 35 of 2023 titled as M/s Alvium Life Sciences vs. The Senior Electrical Engineer and others is pending before learned Senior Civil Judge, Kasauli. The prayer made in the original suit is as under:-

    “a) Pass a decree for issuance of directions to respondent no.1 for installing and energizing electricity connection in the name of plaintiff at the premises situated at First Floor, Khasra Nos. 329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, Himachal Pradesh.”

3. Respondent No.1 herein/plaintiff has sought the above decree on the premise that it is a tenant of petitioner herein in respect of a premises situated at First Floor, Khasra No.329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, H.P. The premises have been taken on rent for the purpose of running an office and a factory. Mr. Pulkit Abrol is the proprietor of petitioner herein, who wor

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