- (1.) Original suit no 119 of 2002 was filed by Shakuns Motenk Company Ltd against the petitioner M/s Sanjay Paper & Chemical Industries Ltd along with the suit an injunction application was also filed in which no exparte injunction was granted and only notices were issued to the defendant fixing 14 3 2002 However prior to the said date on 26 2 2002 the plaintiff re spondent no 3 filed an application for with drawal of the said suit Before any orders could be passed on the said application for withdrawing the suit on 27 8 2003, the Respondent no 3 filed another suit no.518 of 2003 with the same prayer as in the earlier suit no 119 of 2002. In this original suit no.518 of 2003 also, no ex parte injunction was granted and on 27-8-2003, only notice was issued by the Civil Judge (Senior Division), Gorakhpur fixing 26-9-2003 for hearing on the injunction application. However, in the meantime on 3-9-2003 the application dated 26-2-2002 praying for withdrawal of original suit no. 119 of 2002 was allowed and the said suit was dismissed as withdrawn.
(2.) Against the order dated 27-8-2003 passed in the second suit no.518 of 2003 by which merely notices to the defendant (petitioner herein) had been issued fixing 26-9-2003, the Respondent no.3 filed Revision no.143 of 2003 before the District Judge, Gorakhpur, Respondent no. 1. The said revision was finally disposed of by the District Judge on 11-9-2003 itself and the injunction was granted, virtually allowing the injunction application Aggrieved by the said order dated 11-9-2003, the petitioner has filed this writ petition.
(3.) I have heard Sri Arun Kumar Gupta, learned counsel for the petitioner as well as Sri S.P.K Tripathi on behalf of Respondent No 3 Counter and rejoinder affidavits have been exchanged and with the consent of learned counsel for the parties, this wnt petition is being disposed of at the admission stage itself.;