TMI Blog2015 (2) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... the Joint Development Agreement dated 27-09-2012 or General Power of Attorney dated 27-09-2012 till consideration of the application filed by the plaintiff. In view of the undertaking given by the respondents, the order dated 07-01-2015 passed by the Trial Court is modified and the undertaking given by the respondent substitutes. The Order is to be set aside as the said Appeal was allowed without issuing notice to the Respondent therein (the Petitioner in this Writ Petition). The question of maintainability of the said Appeal is kept Open - Trial Court is directed to dispose of the application filed under Order 39 Rules 1 and 2 of CPC without being influenced by the above undertaking on or before 25-03-2015, in accordance with law. - W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim order, the defendant preferred M.A.No.7/2015 before the Presiding Officer, Fast Track Court-II, Bangalore Rural District, challenging the same on various grounds. The Fast Track Court without issuing notice to the respondent therein allowed the appeal and set aside the ex-parte interim order on the ground that the provisions of Order 39 Rule 3 of CPC has not been complied with. Being aggrieved by the said order, the petitioner has filed this writ petition. 4. This Court on 12-02-2015 granted interim order, which reads as under: Respondents entered through caveat. Heard Sri.K.G.Raghavan, learned Senior Counsel appearing for the petitioner and Sri.Nikilesh M.Rao, learned counsel for the Respondents. It was brought to notice of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02.2015 in M.A.No.7/2015 (as passed by the Hon ble Court of FTC-II (Bangalore Rural District, Bangalore)] is to be set aside as the said Appeal was allowed without issuing notice to the Respondent therein (the Petitioner in this Writ Petition). The question of maintainability of the said Appeal is kept Open. 2. The Respondents herein (the Defendants in the suitO.S.No.9/2015), without prejudice to their claims and without prejudice to their objections to the I.A.Nos.1 and 2 in O.S.No.9/2015, undertake that they will not act in any manner that is inconsistent with or determental to the rights of the Petitioner Company under the joint Development Agreement dated 27.09.2012 or the General Power of Attorney dated 27.09.2012. 3.Any claims o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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