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2017 (8) TMI 970 - HC - Companies LawSuit for specific performance, declaration and permanent injunction - ex parte ad-interim injunction - Held that:- Examining the case on hand and three cardinal principles enshrined in Order 39, Rule 1 of the Code of Civil Procedure i.e. prima facie case, balance of convenience and irreparable loss is concerned, it is a matter of record that respondent Nos.1 and 2 have entered into MOU with the applicant for the land bearing Survey Nos.373 and 58/p1. It is also brought on record, which prima facie shows that the pipeline has been laid down in the month of December, 2016 and no sale deed, index or extract or any revenue records in favour of respondent No.3 has been produced on record and therefore, the applicant has very good prima facie case. The applicant being paper manufacturing unit has to keep flow of treated effluents discharged from its manufacturing unit, so as to reach into CETP in regular manner without any obstruction and therefore, the balance of convenience is in favour of the applicant. Similarly, if interim relief is not granted, the applicant will suffer irreparable loss. The facts of the case clearly establishes that it falls within the ambit of Rule 3, Order 39 of Code of Civil Procedure. The aspect whether the applicant has any easement right or not is to be examined by the learned Trial Court when the application Exh:5 is taken up for hearing threadbare. The present Appeal from Order arising out of non-grant of interim relief, present appeal is maintainable, and therefore the appeal is admitted . In the facts and circumstances of this case, in opinion of this Court, present case falls in the category of rarest of the rare case where ex parte ad-interim injunction is required to be granted to protect the subject matter of the suit at least application Exh:5 is decided by the learned Trial Court. The parties shall complete their pleadings before the learned Trial Court latest by 31st August, 2017.
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