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2026 DAILYLAW 19277 (DEL)

HAVELLS INDIA LIMITED v. ASHOK KUMAR & ANR.

CM(M)-IPD/52/2026 · 2026-09-24

Purushaindra Kumar Kaurav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~O-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010457922026 + CM(M)-IPD 52/2026 and CM 255/2026, CM 256/2026, CM 254/2026, CM 257/2026 HAVELLS INDIA LIMITED .....Petitioner Through: Ms. Swathi Sukumar, Sr. Advocate with Mr. N. Mahabir, Ms. P. C. Arya and Mr. Udit Gupta, Advocates. versus ASHOK KUMAR & ANR. .....Respondents Through: Mr. Varun Pathak, Ms. Sana Banyal and Ms. Eshita Razdan, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 24.09.2026 1. After hearing learned senior counsel appearing for the petitioner, the Court finds that there is no application filed by the petitioner seeking invocation of the relief under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC). 2. Learned senior counsel for the petitioner, however, submits that the Trial Court has declined to invoke the aforesaid provision. 3. The Court finds that in absence of there being specific application and the adjudication thereof, the order of earlier refusal to grant ad-interim This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:04:49 injunction should not come under the way of petitioner/ plaintiff if the petitioner/ plaintiff files a fresh application seeking invocation of the provisions of Order XXXIX Rule 3 of the CPC. 4. It be noted that the Courts are fully empowered to grant ad-interim injunction during the pendency of the main application under Order XXXIX Rule 1 and 2 subject to exceptions as are carved out under the said provisions. 5. The liberty, therefore, is granted to the petitioner to do the needful. 6. The petition, along with pending applications, stands disposed of. 7. All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 24, 2026 aks This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:04:49