J K OIL INDUSTRIES Vs. ADANI WILMAR LTD

JUDGEMENT

(1.) I propose to dispose of the captioned Interlocutory Applications (in short 'IAs') by a common order. IA No. 107/2010 has been filed by the plaintiff under the provisions of Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'), while IA No. 1405/2010 has been filed by the defendant under the provisions of Order 39 Rule 4 read with Section 151 of the CPC to seek vacation of the order dated 08.01.2010. For the purposes of the disposal of the captioned applications the facts, which are relevant, are set out hereinbelow:

(2.) The plaintiff has averred that it is in the business of manufacturing and marketing edible oils and other allied products through its "trading wing" namely M/s J.K. Oil Industries. It is averred that the "J.K. Oil Industries trading wings" supplies the goods manufactured by the plaintiff to the ultimate customers. The two, according to the plaintiff, form a single economic unit.

(3.) The defendant, on the other hand, in its application under Order 39 Rule 4 of the CPC has sought vacation of the order dated 08.01.2010. It has been stated before me by Mr Rajiv Nayar, Sr. Advocate instructed by Mr Amar Dave, appearing for the defendant that the same be treated as a reply to the plaintiff's application under Order 39 Rule 1 & 2 of the CPC. Briefly, the defendant's stand is as follows: