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2025 DAILYLAW 8170 (PNJ)

M/S AJAY GELATINE PRODUCTS PVT. LTD v. KIRAN DEVI SHARMA AND ANR

CR/836/2025 · 2026-07-20

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 158 CR-836-2025 (O&M) Date of decision: 20.07.2026 M/s Ajay Gelatine Products Pvt. Ltd. . . . . Petitioner Vs. Kiran Devi Sharma and another . . . . Respondents **** CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr.Vaibhav Sharma and Mr.Harin Narang, Advocates, for the petitioner. Mr.Aalok Jagga and Mr.Karan Inder Singh, Advocates, for the respondents. **** DEEPAK GUPTA, J. (ORAL) On 07.02.2025, this Court had passed the following order: - “Learned Senior counsel inter alia submits that the jurisdiction of the Civil Court was barred despite which, an ex parte order of injunction was passed by the trial Court on 17.01.2025. She submits that an appeal was preferred against the said order but the First Appellate Court, instead of entertaining the appeal, remitted the same to the trial Court saying that it did not have sufficient time to deal with the appeal on account of pendency of old cases and action plan cases and issued a direction to the trial Court to decide the application for injunction within a period of one month. She submits that the matter was remitted by the First Appellate Court after arguments were heard for almost 1.5 hours. Learned Senior counsel further submits that all requisite permissions are there with the petitioner till 2029. Learned Senior counsel also submits that the factory is in operation for the last 40 years and without affording any hearing, the same has been ordered to be shut down. Notice of motion for 18.02.2025. Dasti as well. In the meantime, operation of the order dated 03.02.2025 passed by the Court of learned Additional District Judge, SAS Nagar, Mohali and the order dated 17.01.2025 passed by the Court of learned Civil Judge (Junior Division), Derabassi shall remain stayed. VIVEK PAHWA 2026.07.21 14:20 I attest to the accuracy and integrity of this document CR-836-2025 2026:PHHC:098825 To be shown in the urgent list.” 2. Interim order is continuing till date. 3. After hearing learned counsel for both the parties, this Court is of the opinion that this petition deserves to be disposed of with a simple direction to the trial Court concerned to expeditiously decide the application under Order 39 Rules 1 & 2 CPC, as moved by the plaintiffs-respondents; and also the application under Order VII Rule 11 CPC, as moved by the defendant-petitioner as early as possible. 4. Counsel for both the parties have no objection for issuing such a direction. As such, the present petition is hereby disposed of with a direction to the trial Court, before whom the matter is pending for 24.08.2026 as informed by counsel for the respondent, to dispose of both the aforesaid applications either on 24.08.2026 or within next one month thereafter positively. However, it is subject to the condition that counsel for both the parties shall cooperate with the trial Court in this regard. Only till the disposal of the aforesaid applications, operation of the order dated 07.02.2025, as passed by this Court, shall continue. It is, however, made clear that any observation made in the aforesaid order dated 07.02.2025 or any order passed subsequently shall not influence the mind of the trial Court while deciding the applications either filed under Order 39 Rules 1 & 2 CPC or under Order VII Rule 11 CPC. (DEEPAK GUPTA) 20.07.2026 JUDGE Vivek Whether Speaking/reasoned Yes Whether reportable Noj VIVEK PAHWA 2026.07.21 14:20 I attest to the accuracy and integrity of this document