Court Dismisses Injunction Application, Grants Liberty to File Fresh Application Pending Supreme Court Ruling

The plaintiff's application for injunction was dismissed in suits CS(OS) No. 1185/2006 and CS(OS) No. 1996/2009. The plaintiff's application I.A. 8586/2008 was dismissed, but they were granted liberty to file a fresh application pending the Supreme Court ruling. The defendant's application I.A. 9068/2008 was dismissed as infructuous. Another application, I.A. 12102/2011, was also dismissed based on previous court orders. The case was listed for consideration of pending applications on 25th April 2013.

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I.A. Nos. 8586/2008 (plaintiff under Order 39 rr.1-2) and 9068/2008 (defendants under Order 39 r.4) arose from CS(OS) 1392/2008. Parties executed an agreement on 15.05.2009 providing inter alia: "6. It is also agreed between the parties, IPRS shall return the amounts so received in terms of this agreement as stated above, if said interim applications i.e. I.A. Nos. 8586 of 2008 and 9068 of 2008 is decided in favour of HT, immediately upon the said decision of Hon'ble High Court." The Court recorded that the interim order dated 28.07.2008 was "substituted with the interim arrangement agreed upon between the parties vide agreement dated 15.05.2009 and this interim order will continue till the decision of IAs No. 8586/2008 and 9068/2008." Subsequent adjudication in related suits (CS Nos.1185/2006 and 1996/2009), upheld on appeal but challenged in the Supreme Court, led to dismissal of I.A. 8586/2008 (with liberty to reapply if the Supreme Court rules for the plaintiff). I.A. 9068/2008 and other ancillary IAs were dismissed as infructuous. Pending matters listed for further consideration.

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