$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+
FAO 413/2017
S.MOBILE
DEVICES LIMITED .....
Appellant
Through: Mr. Neeraj Kishan Kaul, Sr. Adv.
with
Mr.
Saikrishna Rajagopal, Mr. Munish Mehra,
Mr.
Sumant Narang & Ms. Riddima Sharma,
Advs.
versus
KMC ELECTRONICS PVT LTD .....
Respondent
Through: Mr. Akhil Sibal, Sr. Adv. with
Mr.
S.K.Bansal, Mr. Pankaj Kumar,
Mr. Ajay
Amitabh Suman & Mr. Kapil Giri, Advs.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.
MEHTA O R D E R
% 27.10.2017
1.
After hearing learned counsel for
the parties, this appeal is disposed of with the consent order that the
impugned order dated 12.10.2017 is suspended and the injunction application
filed by the respondent/plaintiff will now be decided by the Trial Court after
completion of pleadings in the suit. Trial Court will decide the injunction
application of the respondent/plaintiff uninfluenced by any observation made in
the impugned order dated 12.10.2017 as also by the fact that this impugned
order is suspended till the pleadings are complete and hearing is given on the
injunction application filed by
the
respondent/plaintiff.
2.
Learned Senior Counsel for the
appellant/defendant, on instructions, states that written statements and reply
to the injunction application along with all relevant documents in support of
their case will positively be filed within four weeks from today. If the same
is not done, thereafter it shall be taken on record, subject to payment of
costs of Rs.1,00,000/- to the respondent/plaintiff.
Respondent/plaintiff will file replication and rejoinder along with all
relevant documents in support of their case, if not already filed, within a
period of two weeks of filing of the written statement by the
appellant/defendant. It is noted that the next date as per the impugned order
is 30.11.2017 and therefore parties will appear before the Trial Court on the
date fixed.
3.
Since the impugned order is
suspended, whatsoever has been the consequences of the impugned order dated
12.10.2017 will not operate and whatever are the goods of the
appellant/defendant will be de sealed by the appellant/defendant themselves as
the goods are on
superdari with the appellant/defendant and the lists of goods are already prepared and submitted in the
Court along with the reports of
the Local
Commissioner.
4.
Appeal is accordingly disposed of
in terms of the aforesaid observations.
VALMIKI J. MEHTA, J
OCTOBER 27, 2017
ak
