NORMA INDIA LTD Vs. SAMEER KHANDELWAL

JUDGEMENT

(1.) By and under the present order I dispose of IA No. 8363/2006 filed by the plaintiff under Order 39 Rule 1 & 2 CPC praying that pending disposal of the suit, defendants No. 1 to 3 be restrained from carrying on competing business with that of the plaintiff; defendants No. 4 and 5 be restrained from carrying on competing business with that of the plaintiff; defendants No. 1 to 3 be restrained from dealing with the customers of the plaintiff; defendants No. 1 to 3 be restrained from transferring, alienating or creating third party rights in the movable and immovable assets of defendants No. 4 and 5.

(2.) Vide order dated 31.7.2006 while issuing notice in the application, defendants No. 1 to 3 were restrained from transferring, alienating, or creating third party rights in the movable and immovable properties of defendants No. 4 and 5.

(3.) Since I am dealing with an interim injunction, I would be briefly noting the rival versions. Needless to state, observations and findings in the present order would be for purposes of forming a prima facie opinion. Nothing stated in this order would be read as an expression on the merits of the controversy between the parties. The ultimate fate of the suit would be decided in view of the evidence led by the parties.