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Judgment
Alok Kumar Verma, J
The proposed Appeal under Order XLIII Rule (1)(r) read with Section 151 of the Code of Civil Procedure, 1908 has been filed challenging the order dated 25.04.2024, passed by learned Judge, Commercial Court (Kumaon Division)/Additional District Judge, Haldwani in Civil Suit No.118 of 2024, “Laxmibadri Agro Foods Private Limited Vs. M.H. Foods”, by which, the learned Judge has granted ex-parte temporary injunction in favour of the respondent-plaintiff.
Heard Mr. Piyush Garg, learned counsel for the proposed appellant-defendant and Mr. Siddharth Bankoti, learned counsel for respondent-plaintiff.
Mr. Piyush Garg, Advocate, submitted that keeping in view of the impugned order dated 25.04.2024, the appellant has confined his prayer to direct the Commercial Court to decide the Temporary Injunction Application (Application No.6C2) within a month without being influenced by the impugned order.
Mr. Piyush Garg, Advocate, further submitted that the appellant shall file his objection(s) to the Application 6C2 within ten days’ from today.
The said submission has not been opposed by Mr. Siddharth Bankoti, Advocate.
With the consent of both the parties, the present Appeal is disposed of at the admission stage directing the Commercial Court (Kumaon Division)/Additional District Judge, Haldwani to decide the Application 6C2, filed in Civil Suit No.118 of 2024, on merits within one month from the production of the certified copy of this order.