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2019 Supreme(Online)(Mad) 12974

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice N.SATHISH KUMAR
M/s.CSG Holding Company – Appellant
Versus
Saint Gobain Glass France – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Delivered on

18.10.2019 11.12.2019 CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR A.Nos.5616, 5617, 5618 of 2016, 364 of 2018 and 5012 of 2019 in C.S.No.754 of 2012

C O M M O N O R D E R

Application Nos.5616, 5617 and 5618 of 2016 are filed to condone delay of 1297 days in filing the applications to set aside the exparte order dated 7.1.2013 in O.A.Nos.980, 981 and 982 of 2012 respectively in C.S.No.754 of 2012.

2. Application Nos.364 of 2018 and 5012 of 2019 are filed to vacate the exparte injunction order dated passed in O.A.982 of 2012 and O.A.980 of 2012 respectively in C.S.No.754 of 2012.

3. The above applications are filed mainly on the ground that notice has not been properly served as per the Civil Procedure Code.

Therefore, ex-parte order passed by this Court has to be vacated and the interim injunction applications to be heard afresh.

4. Since the learned Senior Counsel Mr.P.S.Raman has submitted that the injunction application itself can be disposed afresh, this Court is of the view that instead of going to the merits whether notice has been served or not, is inclined to hear the injunction application afresh. Accordingly

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