ADVIK LABORATORIES LTD Vs. SH R PARTHASARATHY

JUDGEMENT

(1.) THIS appeal was preferred by the appellant herein being aggrieved by the order dated 25th November, 1999 whereby the learned Single Judge disposed of the injunction application registered as IA No. 5645/1997, arising out of Suit no. 1329/1997. The learned Single Judge after considering the application and the arguments made before him had recorded a prima facie finding that the plaintiff was supposed to give a cheque of Rs. 3,20,000/- as well as another cheque of Rs. 4,00,000/- to Mr. Rajiv Tandon to ensure compliance with the agreement between the parties. In view of the aforesaid position, an order was issued that it will be appropriate that the plaintiff furnished a security for a sum of Rs. 7,20,000/- to the satisfaction of the Registrar of this Court. The said order was passed for ensuring equities between both the parties. In terms of the aforesaid order, the application for ad-interim injunctiion was allowed to the aforesaid extent with a further observation that in case no such security is furnished by the plaintiff, the stay would stand automatically vacated.

(2.) BEING aggrieved by the said order, the present appeal was preferred in this Court. While issuing notice on the appeal, an order was passed by this court on 16th December, 1999 that the operation of the impugned order would remain stayed. The said order continued to operate in the appeal till it was confirmed by order dated 12. 10. 2000 with a direction that the same would continue to remain operative till the disposal of the appeal.

(3.) WE had called for the suit records and on consideration of the records of the suit in which the aforesaid injunction application was filed, the present appeal having arisen from the order passed thereon, we find that the plaintiff has already withdrawn the suit with a liberty to file a fresh suit, if necessary. The learned Single Judge has granted permission to the plaintiff to withdraw the said suit with liberty to file a fresh suit, if necessary, under order dated 9th May, 2005. The suit having thus been dismissed as withdrawn along with all pending applications, the present appeal has been rendered infructuous as the present appeal pertains to an order passed by way of interim injunction in the said Suit. FAO (OS) 389/1999 accordingly stands dismissed as infructuous.