RANBAXY LABORATORIES Vs. DOON APARTMENTS PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff has filed a suit against the defendant for a declaration that it is entitled to put up a cooling tower on the roof of the third floor of the defendant's building and for a mandatory injunction against the defendant to allow the plaintiff and its workmen to go to the roof and construct a cooling tower and maintain it and also a permanent injunction that the defendant is not to interfere with the working of the cooling tower after its construction by the plaintiff. On 8-3-1978 the suit was filed along with I.A. 972 of 1978 for grant of interim injunction without issue of notice to the defendant under order 39 Rule 3, Civil Procedure Code, the principal part of which is as follows :

(2.) Rule 3A of Order XXXIX requires the court to dispose of application for injunction within 30 days and is as follows :

(3.) As a vacation Judge, I can entertain only urgent applications. IA 2231 of 1978 had to be entertained by me on 19-6-1978 only because of Rule 3A of Order XXXIX. Since the original IA 972 of 1978 has to be disposed of finally within, 30 days of the date of making the application, namely, 8-3-1978, and since the said application has not yet been finally disposed of after hearing the parties, I could not refuse to consider the question, whether IA 972 of 1978 should be confirmed or dismissed. But for this statutory duty placed upon me, I would not have liked to deal with this case in view of my great respect for my learned brother who is dealing with it on the original side. After notice of IA 2231 of 1978 was issued, Shri R. K. P. Shankardas appeared for the plaintiff. It was made clear to the party then, that because of Rule 3 A I was concerned only with the expeditious disposal of IA 972 of 1978 and that the arguments would be heard only on that application because other applications are only consequential. Time was granted to the defendant to prepare legal argument. Arguments were heard fully and IA 972 of 1978 is disposed of as below for the reasons to be stated hereafter. Meaning of "the delay" in Rule 3 :