KAMAL CHUGH Vs. NARINDER KUMAR GULATI

JUDGEMENT

(1.) There are two seperate aspects arising for consideration. The first is regarding the ex parte stay, while the second aspect is in relation to the continuance of the ad-interim stay order already granted, or whether any interim order at all is warranted and if so, to what extent and of what nature. VALIDITY OF THE EX PARTE INJUNCTION GRANTED IN FAVOUR OF THE PLAINTIFF

(2.) An interesting question has arisen as to whether in a suit, where there is a Caveator upon whom copies are served but for some reason Caveator's Counsel does not appear and ex-parte, ad-interim injunction is granted, then whether the compliance with Order 39 Rule 3, CPC is still to be carried out or not.

(3.) The submission of learned Counsel for the defendant is that in this case neither process fee was filed nor Dasti summons or Dasti orders were got collected, and no affidavit at all has been filed, even though a one page letter of intimation about the stay order, had been received by the defendant.