(1.) Heard Smt. Rama Goel Bansal, learned counsel for the petitioner as well as Sri Rahul Sahai, learned counsel for the respondents.
(2.) The petitioner filed Suit No. 445 of 2013 on 31.05.2013 for permanent prohibitory injunction against the defendant/respondents alongwith an application for temporary injunction. The plaintiff/petitioner on request got the suit adjourned for 04.07.2013 and again it was adjourned for 09.07.2013 and on the said date an ex parte injunction was granted. Aggrieved, the respondent/defendants preferred Misc. Appeal No. 93 of 2013 (Rajendra Goel and another Versus Yogesh Agarwal and others). The appellate court by the impugned order dated 16.12.2013 set aside the temporary injunction order dated 09.07.2013 passed by the trial court which is assailed in the present petition.
(3.) It is contended on behalf of the petitioner, that the trial court has assigned reasons as required under proviso to Order XXXIX Rule 3 while granting ex parte temporary injunction and it is the discretion of the Court to grant injunction, which ordinarily should not be interfered by the appellate court.
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