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2026 DAILYLAW 4616 (RAJ)

M/S S.M.K. WELLNESS PRIVATE LIMITED v. M/S DHUN JAIPUR PRIVATE LIMITED

CMA/1746/2026 · 2026-04-17

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:16339] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1746/2026 M/s S.m.k. Wellness Private Limited, Registered Office 23-B/1, Praneta C.h.s. Limited, Juhu Tara Road, Opposite Maneckji Cooper School, Santacruz (West), Juhu, Mumbai- 400049, Through Its Authorized Representative ----Appellant Versus 1. M/s Dhun Jaipur Private Limited, Registered Office C- 10/1, Hanuman Nagar, Vaishali Nagar, Jaipur, Rajasthan 302021, Through Its Authorized Representative Shri Rajiv Mishra 2. M/s Dhun Life Private Limited, Registered Office C-10/1, Hanuman Nagar, Vaishali Nagar, Jaipur, Rajasthan 302021, Through Its Authorized Representative Shri Rajiv Mishra 3. Shri Manvendra Singh Shekhawat, Son Of Shri Meghraj Singh Shekhawat, Aged About 42 Years, Aged Approximately 42 Years, Resident Of House No. C-28, Urmila Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Rajasthan-302021 ----Respondents For Appellant(s) : Mr. S. S. Hora with Ms. Varuni Agarwal Ms. Amulya Jemini For Respondent(s) : Mr. Prateek Kasliwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/04/2026 1. The present civil miscellaneous appeal has been preferred under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, assailing the impugned order dated 02.04.2026 passed by the learned Additional District Judge No. 5, [2026:RJ-JP:16339] (2 of 3) [CMA-1746/2026] Jaipur Metro-II, Jaipur in Temporary Injunction Application No. 63/2026. By way of the impugned order, an ex-parte ad-interim temporary injunction was granted against the appellant. 2. In the instant matter, Mr. Prateek Kasliwal, learned counsel, has marked appearance on behalf of the respondents. Consequently, service upon the respondents is deemed to be complete. 3. Learned counsel for the respondents has categorically submitted that the respondents have no objection if the operation of the impugned ex-parte order is kept in abeyance. However, a limited prayer is made seeking a specific direction to the concerned Trial Court to finally adjudicate and dispose of the pending Temporary Injunction application as expeditiously as possible. 4. Learned counsel for the appellant has no objection, provided that explicit liberty is granted to the appellant to raise all available preliminary objections and legal arguments before the learned Trial Court, specifically including the issue of jurisdiction. 5. Accordingly, the learned Trial Court is directed to consider and finally adjudicate the pending Temporary Injunction application as expeditiously as possible by way of a well-reasoned and speaking order, strictly in accordance with the law. 6. It is made clear that the appellant is at liberty to raise all factual and legal arguments, including objections pertaining to jurisdiction, before the learned Trial Court during the said adjudication. [2026:RJ-JP:16339] (3 of 3) [CMA-1746/2026] 7. In the meantime, upon mutual understanding of the respective parties, the effect and operation of the impugned ex- parte order dated 02.04.2026 shall be kept in abeyance. 8. In view of the above terms, the present civil miscellaneous appeal stands disposed of. Pending application(s), if any, shall stand disposed of. (SAMEER JAIN),J Pooja/177