Quantum Securities Pvt. Ltd. & Others Vs. New Delhi Television Ltd.
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Head Note
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2) , Rule (3)
Contempt of Courts Act, 1971, Section 12 and 19 - Ad interim injunction - Violation of - Contempt of Court - Order dated 06.08.2023 was an ex parte one - 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 39 Rule 3A of the Code which 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 - Held that it would be apposite to request the learned Single Judge to decide Notice of Motion arising out of Civil Suit on merits in accordance with law - Till it is decided the contempt proceedings out of which these appeals arise stayed - After the disposal of the Notice of Motion, the contempt proceedings may be decided in accordance with law including its maintainability etc.
Topic(s)-Ad Interim Injunction - Violation of - Contempt stayed