K .K Karnan Private Limited vs Wipro Enterprises Private Limited & Others

C.M. Poonacha, J

Heard Sri. Dhyan Chinnappa, learned Senior Counsel for the appellant and Sri.Manu Prabhakar, learned counsel for respondent no.1.

The learned counsel for appellant has filed a memo seeking dispensation of notice to respondent nos.2 to 7. Hence, notice to respondent nos.2 to 7 is dispensed with at the risk of the appellant.

The challenge in the present appeal is to the exparte ad-interim order of temporary injunction dated 12.04.2023 passed in A.A.No.172/2023 filed by the first respondent.

The learned counsel for appellant has filed a memo dated 27.04.2023 placing on record the inventory details of finished products, raw materials and packaging materials.

Without going into the merits of controversy, we are of the prima-facie view that the merits of the matter is required to be adjudicated before the Commercial Court in A.A.No.172/2023 and till such time, a suitable arrangement ought to be made.

Having regard to the abovementioned, the appellant shall be permitted to sell the finished products as listed in the Annexure to the memo dated 27.04.2023 and shall file accounts indicating the sale proceeds before the Commercial Court. Insofar as packaging materials and raw materials as furnished in the annexure to the memo dated 27.04.2023, in the event the first respondent who is the applicant before the commercial court does not succeed in the relief sought for in the said application, the first respondent shall be liable to pay the Appellant the value of raw materials and packaging materials and it shall be open to the Appellant to claim such amount from the first respondent in appropriate proceedings.

It is submitted that the proceedings before the Commercial Court in A.A.No.172/2023 is posted on 29.04.2023. Both the learned counsels undertake that they will proceed with the matter before the Commercial Court without taking any unnecessary adjournment.

In that view of the matter, the present appeal is disposed off with the aforementioned directions. The Commercial Court shall endeavour to dispose off A.A.No.172/2023 as expeditiously as possible.