LAWS(KAR)-2016-6-20

LEAPMILE LOGISTICS PVT. LTD. Vs. NEERAJ RAY

Decided On June 03, 2016
Leapmile Logistics Pvt. Ltd. Appellant
V/S
Neeraj Ray Respondents

JUDGEMENT

(1.) These appeals are by the defendant Nos. 1 to 4 in O.S.No.25409/16 on the file of the LVII Additional City Civil and Sessions Judge, Bengaluru.

(2.) Admittedly, the suit is filed with reference to the alleged right of the plaintiff to seek share in the product which is according to him jointly developed by himself and defendants 2 to 4. It is the plea of the first respondent herein who is the plaintiff in the court below that the product which is jointly developed by himself and defendants 2 to 4 is launched exclusively in the name of defendants excluding the plaintiff and denying him a share which is legitimately due to him. In the said suit, he has filed three applications in I.A.1, 2 and 3 and sought for 3 interim orders viz.,:

(3.) It is seen that in the said suit which had come up before the Court below immediately before the summer vacation 2016, an exparte interim order is granted on all the three applications as prayed for. Thereafter it is seen that defendant Nos.1 to 4 having come to know of the same have come up in this appeal during summer vacation of 2016. These appeals were listed on 19.5.2016, on which day, the vacation Court has interfered with the order passed so far as it pertains to the launching of the product as well as to create third party interest with reference to product in question. So far as allotting or issuing new shares, the Vacation Court has not interfered with the same and the matter was directed to be posted immediately after service of notice.