AGI LOGISTICS INC Vs. SHER JANG BHADHUR

JUDGEMENT

(1.) THIS is an application filed by Defendants 2 to 5 and 7 (hereinafter applicants/defendants under Order 39 Rules 3 and 4 CPC seeking vacation of an ex parte ad interim injunction granted by this Court by an order dated 22nd July 2009 in IA No.9150/2009 in the above suit.

(2.) NOTICE in this application was directed to issue by this Court on 3rd August 2009. Replies have been filed by the Plaintiffs and a rejoinder thereto has been filed by the applicants.

(3.) IT is stated in the application that despite this Court in its order dated 22nd July, 2009 directing that the Plaintiffs should comply with the requirements of Order 39 Rule 3 CPC within one week, the Plaintiffs did not serve upon the Applicants within one week a copy of the plaint, the applications, the affidavits and documents filed by the Plaintiffs along with the Plaint. It is stated that this Court had appointed Local Commissioners to visit the Defendants premises to examine the records including electronic records and seize any incriminating evidence to establish if the Defendants were carrying on business by using the words 'AGI, 'AGI Logistics and 'AG Freight and whether they were dealing with the customers of the Plaintiffs. It is stated that even at the time of the visit of the Local Commissioner to the premises of Applicants/Defendants on 23rd July 2009 in Gurgaon, the complete set of papers were not served on the Applicants/Defendants or their counsel. It is further stated that at the time of the visit of the Local Commissioner, counsel for the Defendants had asked for copy of the plaint and entire documents from the counsel for the Plaintiffs assisting the Local Commissioner but this was declined.