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2015 (7) TMI 1371 - SC - Indian LawsContempt proceedings - Appellants have deliberately and willfully violated the ex parte interim order - HELD THAT:- When admittedly the order dated 06.08.2013 was an ex parte one then in such circumstances, no sooner the Defendants (Appellants) entered appearance in the civil suit and filed their pleadings in reply to the Notice of Motion, the Court which is seized of the main case should have made sincere endeavour to dispose of the Notice of Motion on merits in the light of the mandate contained in Order XXXIX Rule 3A of the Code which in clear terms provides that the Court shall make an endeavor to finally dispose of the application within 30 days from the date on which the ex parte injunction was granted - It was not done by the Court may be due to myriad reasons despite the Appellants (Defendants) entering appearance as back as 21.08.2013 in the main suit and completing their pleadings on 05.09.2013. As a result, the ex parte ad-interim order dated 06.08.2013 remains in operation. The Notice of Motion is finally decided on merits in accordance with law one way or the other then the parties to the Lis can always work out their rights by taking recourse to legal remedies available to them for pursuing their grievance to higher fora either in appeal or revision, as the case may be, and may also prosecute the contempt proceedings arising out of the main case, if need arises - It is always in the larger interest of the parties to the Lis to get the main case (Lis) decided first on its merits as far as possible rather than to pursue their off-shoot proceedings on merits by keeping the main case undecided. It is more so when any decision rendered in the main case has a bearing over the pending off-shoot proceedings. The Defendant in such case has a right to point out in the Notice of Motion, that the Plaintiff has neither any prima facie case in their favour nor there is any likelihood of Plaintiff to suffer any irreparable loss/injury in relation to subject matter of the suit, if injunction is declined to the Plaintiff and that no balance of convenience lies in the Plaintiff's favour and, therefore, the Court should not have granted ex parte injunction to the Plaintiff and even if it has granted then it should now be either recalled or modified, as the case may be - Appeal disposed off.
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