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Judgment
BY way of this Civil Revision Application order dated 4th June, 2004 passed by the learned Junagadh District Consumer Disputes Redressal Forum below interim injunction application in Forum''s Case No. 244/2004 has been sought to be revised on the ground that on one hand the learned Forum has granted opportunity to the opponent Nos. 2 and 3 the present applicants, to file reply fixing the date of 24.6.2004 for that purpose and on the other hand interim injunction in the same terms as the main relief has been granted in favour of complainant.
WE have heard the learned Advocate for the applicants. WE have gone through the impugned order and the material placed on record. No one is present for the original complainant, now respondent. In our considered opinon no interim relief in terms of the main relief can ever be granted unless complete prima facie case has been shown and unless it has been shown that no hardship would be caused to the other party by passing such interim order. Besides, there was no cause for passing order for interim injunction when other side was called upon to file reply. Thus, impugned order has been passed with material irregularity and contrary to the basic principle of law concerning grant of interim injunction. Hence the impugned order insofar as it relates to granting interim relief/injunction is hereby set aside.
Learned Forum will hear interim injunction application with priority, since now, the reply has already been filed by the present applicants. Needless to say that the learned Forum will give opportunity of hearing to all the parties before taking decision on the interim injunction application. The present applicants will file complete reply to the complaint as well as injunction application beforehand after serving copies thereof to the complainant and other parties, if any. This will be done by the present applicants within four weeks from today. This Civil Revision Application will stand disposed of accordingly with no order as to cost. C.R.A. disposed of.