(Prayer: This Commercial Appeal is filed Under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII of the Code of Civil Procedure, 1908, praying to set aside the order dated 14.05.2020 passed by the Court of LXXXII Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) (CCH-83) in COM.OS.No.145/2020 and etc.)
Aravind Kumar, J.
1. This appeal has been preferred by the plaintiffs in Com.OS.No.145/2020, whereunder following reliefs have been sought for:
"(i) Grant a permanent injunction restraining the Defendants, their agents, employees, or any person acting under or through them, from, in any manner whatsoever, accessing, removing, processing or altering the stock of Raw Cashew Nut and cashew kernels at the factory premises of Defendant No.5 and the appertaining buildings situated at Muduperar, Mangalore;
(ii) Grant a permanent injunction directing Defendant No.5, his agents, employees, or any person acting under or through him, to handover the entire stock of cashew kernels and Raw Cashew Nuts lying at the factory premises of Defendant No.5 and the appertaining buildings situated at Muduperar, Mangalore;
(iii) Grant a permanent injunction restraining Defendant No.5, his agents, employees, or any person acting under or through him, from preventing the Plaintiff's/ employees/representatives/officers or any other person/s authorized by Plaintiff, access to the factory premises of Defendant No.5 and the appertaining buildings situated at Muduperar, Mangalore;
(iv) Grant a decree in favour of Plaintiff and against Defendant Nos.1 to 4 directing Defendants No.1 to 4 to jointly and severally pay a sum of Rs.6,25,34,653/- (Rupees Six Crores Twenty Five Lakhs Thirty Four Thousand Six Hundred and Fifty Three only) with pendente lite and future interest at the rate of 18% per annum, till the date of realisation;
(v) Grant such other and further reliefs in favour of the Plaintiff as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Along with the plaint, three Interlocutory Applications namely, IA.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of CPC and IA.No.3 under Order XXXVIII Rule 5 read with Section 94 and further read with Section 151 of CPC had been filed seeking ad interim exparte temporary injunction/attachment. On the said applications, an order came to be passed on 14.05.2020 by the learned trial Judge issuing emergent notice. Being aggrieved by the said order, this appeal has been filed.
3. At the time of issuing notice, the cognate bench by order dated 04.06.2020 had passed the following interim order:
"xxxxxxxx In view of the aforesaid submission and taking into account the fact that prayer for accused-interim relief has not even been considered by the trail Court while passing the impugned order and in order to protect the subject matter of the lis, we restrain respondent Nos.1 to 4, their agents, employees or any other persons from removing, processing or altering the stock of raw cashew nuts and cashew kernels at the factory premises of respondent No.5, till the next date of hearing."
This order has been extended from time to time and it is in force till date.
4. The respondents, who entered appearance, have vehemently contended that appeal is not maintainable against an order issuing emergent notice, which is seriously contested by the appellant.
5. If this issue is to be examined, it would be time consuming and appeal will have to be heard finally. This would not only stall the proceedings before the trial Court, but interest of both parties may suffer. Hence, we proposed to the learned Advocates appearing for the parties that matter pending before the trial Court can be resolved by arguing on the interim applications namely, IA.Nos.1 to 3 on merits by Video Conference, so that, the finality would be there at the trial Court.
6. The learned Advocates appearing for the parties, in chorus, have agreed for the said proposition. Hence, without expressing any opinion with regard to the merits of the case and also on the maintainability, we dispose of this appeal by directing the LXXXII Additional City Civil Judge, Bengaluru (Commercial Court) adjudicating Com.OS.No. 145/2020 to dispose of IA.Nos.1 to 3 filed in said suit expeditiously and at any rate within an outer limit of six weeks from today.
7. It is made clear that learned Advocates appearing for the parties before the trial Court shall cooperate with the trial Court and they shall not give scope for suit being adjourned without any
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justifiable cause, to the satisfaction of the trial Court. John Doe Digitally signed by John Doe Date: 2020.08.05 16:54:16 +0530 8. The interim order/arrangement made by this Court on 04.06.2020 shall continue to operate for a period of six weeks. With the above direction and observation, this appeal stands disposed of. Registry is direct to forward copy of this order to the jurisdictional Court forthwith by e-mail. All pending applications stands consigned to record.