[2025:RJ-JP:16057-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 1661/2025 1. Smt. Priyanka Khandelwal Sole Proprietor Of Tanishka Food Products, Having Its Address At Road No. 14, G- 880, Near Bharat Gas Plant, Vki Area, Jaipur, Rajasthan. 2. Kishor Kalyanji Corp Llp A Limited Liability Partnership, Having Its Registered Address At Office No. 302, Omega House, Chemtex Lane, Hiranandani Gardens, Powai, Mumbai. ----Appellants Versus ITC Limited, Having Its Registered Office At Viginia House 37, Jawaharlal Nehru Road, Kolkata, West Bengal-7000710, and Having Its Office 2 & 3, Upper Ground Floor Sun N Moon Chambers, Plot No. S-4, Linking Road, Parivahan Marg, Jaipur- 302001. ----Respondent For Appellant(s) : Mr.Prakul Khurana For Respondent(s) : Mr.Kamlakar Sharma, Sr. Adv. with Mr.Shivangshu Naval & Ms.Akanksha Naval HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 15/04/2025 1. This is an appeal filed against the order dated 04.04.2025 passed by the Commercial Court No.3, Jaipur Metropolitan – II, rejecting the application under Order 39 Rule 1 & 2 CPC. 2. The dispute between the parties is with regard to an agreement dated 10.07.2024 for purchase of black gram from the respondent. In pursuance thereto two hypothecation agreements were entered into between the parties. The goods in question were kept in warehouse of a third party. There was extension of [2025:RJ-JP:16057-DB] (2 of 2) [CMA-1661/2025] time for execution of the agreement but on failure to do the needful by the appellants, part of the goods were sold by the respondent. The dispute with regard to difference in price as agreed between the parties and recovered by the respondent is subject-matter before the Commercial Court. During pendency of the suit, application for interim injunction was filed for restraining the respondent from selling the balance stock. On rejection of the application, present appeal is filed. 5. Learned senior counsel Mr.Kamlakar Sharma appears as caveator on behalf of the respondent and on specific instructions submits that the entire stock has been sold, hence no cause of action survives for pursuing the present appeal. 6. Learned counsel for the appellants submits that no communication was made by the respondent to the appellants. 7. In view of the statement made by learned counsel for the respondent, appeal has been rendered infructuous and is disposed of accordingly. 8. Let the respondent file an affidavit before the Commercial Court within ten days from today with regard to current status of the stock. 9. Needless to say, the appellants shall be at liberty to avail remedies in accordance with law for redressal of surviving grievance if any. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Monika/48