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2024 Supreme(All) 661

KSHITIJ SHAILENDRA
M. M. I. Tobacco Pvt. Ltd. – Appellant
Versus
Iftikhar Alam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arvind Srivastava
For the Respondent: Santosh Kumar Tripathi

JUDGMENT :

Hon'ble Kshitij Shailendra, J.

REVIEW AGAINST ORDER OF REMAND

1. This application under Section 114 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) has been filed by the plaintiffs of Original Suit No. 20 of 2022 (M/s. M.M.I. Tobacco Pvt. Ltd. and another vs. Iftikhar Alam) seeking review of my final judgment and order dated 07.08.2023 passed in First Appeal From Order No.77 of 2023 (Iftikhar Alam vs. M/s. M.M.I. Tobacco Pvt. Ltd. & Another). By the said order, I had allowed the appeal and remanded the matter to the trial court for fresh consideration of the injunction application with certain directions.

REMAND ORDER ALREADY GIVEN EFFECT TO

2. It is not disputed that pursuant to the order of remand, the trial court has already decided the injunction application afresh by order dated 30.01.2024, against which, First Appeal From Order No.411 of 2024 (M/s M.M.I. Tobacco Pvt. Ltd. and another vs. Iftikhar Alam) has been filed by the plaintiff-applicants before this Court that has been connected with this review application.

TWO ASPECTS INVOLVED

3. There are following two aspects associated with the present review application:-

    (i) Maintainability/entert

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