BRITISH MARINE PLC Vs. ASHAPURA MINECHEM LIMITED

JUDGEMENT

(1.) PRESENT Appeal from Orders are arising out of the Ex-parte ad-interim injunction dated 11. 11. 2008 granted by the learned Principal Senior Civil Judge, Khambhalia below Exh. 5 in Special Civil Suit No. 57 of 2008. Mr. K. S. Nanavati, learned Senior Advocate with Mr. P. M. Thakkar, learned Senior Advocate appearing with Mr. R. J. Oza, learned Advocate appearing for the appellant are heard at length. Mr. Mihir Joshi, learned Senior Advocate with Mr. S. N. Thakkar, learned Advocate appearing for the respondent original plaintiff are also heard at length.

(2.) CONSIDERING the fact that application Exh. 5 is now fixed for hearing by the learned trial Court on 17. 12. 2008 and that the pleadings are completed and any observations made by this Court in the present Appeal from Orders may prejudice the case of the respective parties at the time of trial Exh. 5, the learned Advocates appearing for the parties have stated at the Bar that the impugned ex-parte ad-interim injunction granted by the learned trial Court which is impugned in the present Appeal from Orders be set aside without prejudice to the rights and contentions in the suit as well as in Exh. 5 and subject to the ultimate outcome of exh. 5 application. However, it is requested that appropriate suitable direction be issued directing the learned trial Court before whom proceedings are pending and/or any other Court to decide and dispose of application Exh. 5 at the earliest and within stipulated time.

(3.) MR. K. S. NANAVATI, learned Senior Advocate with Mr. P. M. Thakkar, learned Senior Advocate appearing for the appellant original defendant have submitted that they will fully cooperate the learned trial Court in early disposal of application Exh. 5 within stipulated time that may be fixed by this Court and make submission before the learned trial Court without prejudice to their rights and contentions that the Civil Court has no jurisdiction. The learned Advocates appearing on behalf of the respective parties have agreed that their counter part shall not ask for any unnecessary adjournment and they will go on for hearing of application Exh. 5 on the day that may be fixed by this Court.