VASU TECH LTD Vs. RATNA COMMERCIAL ENTERPRISES LTD

JUDGEMENT

(1.) THE present applications have been filed on behalf of the defendant. While I. A. No. 3979/2007 is filed under Order VII Rule 11 read with section 151 of the CPC seeking rejection of the plaint on the ground that the same is barred by law, I. A. No. 3681/2008 is filed under Section 151 of the CPC for rejection of the plaint on the ground that in view of certain subsequent events that have occurred during the pendency of the present suit, the suit has been rendered infructuous.

(2.) BEFORE proceeding to deal with the respective contentions of the parties, it is relevant to note certain facts of the case. The suit in hand has been instituted by the plaintiff praying inter alia for the following reliefs:

(3.) ON an application filed by the plaintiff under Order 39 Rule 1 and 2 CPC, being IA No. 3582/2007, an ex-parte order dated 28. 3. 2007 was passed, restraining the defendants from presenting for encashment, the cheques, as detailed in para 42 of the plaint. After entering appearance, the defendants moved an application under Order 39 Rule 4 CPC for vacation of the aforesaid ex-parte injunction order passed against it, but when the said application was not decided for a period of three months, the defendants filed an appeal, being fao (OS) No. 206/2007. The Division Bench allowed the appeal of the defendants vide judgment dated 15. 6. 2007 and set aside the order dated 28. 3. 2007, with costs of Rs. 10,000/- imposed on the plaintiff. As against the aforesaid order of the Division Bench, the plaintiffs preferred a Special Leave Petition before the Supreme Court. By its order dated 2. 7. 2007, the Supreme Court stayed the order of the Division Bench, while directing that the proceedings before the single Judge would continue. However, vide its order dated 4. 2. 2008, the SLP of the plaintiff was dismissed as being devoid of merits.