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No Exparte interim Injunction order can be given till disposal of main O.P./SUIT with out hearing the parties - order is liable to be set aside as it is gross miscarriage of justice -2015 A.P.[2013]MSKLAWREPORTS

the binding nature of the temporary injunction Order granted by the lower Court on the LRs. of the party, who suffered the Order as also the interpretation of Order 39 Rule 2(A) of Code of Civil Procedure.- 2015 A.P.[2003] MSKLAWREPORTS

Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act) - Respondents 1, 2, 4 to 6 and 11 and 12 herein (petitioners in I.A.) filed the above I.A. under Order VII Rule 11 r/w Section 151 CPC to reject the O.P. as it does not contain cause of action and that the petitioner herein has no locus standi to file the O.P. as admittedly she was not a party to the firm originally constituted on 19-04-1988.= the pleadings are not complete and some of the respondents have not been served, the same cannot be a ground to wait for service of the respondents especially when no adverse order is passed against the respondents. Though several respondents have been impleaded as parties, they are not at all necessary parties for deciding the application under Section 9 of the Act. As the O.P. filed by the petitioner herein under Section 9 of the Act is without jurisdiction, non service of some of the respondents does not in any manner affect the impugned order.= For the foregoing reasons, we have no hesitation to hold that filing of O.P.1949 of 2013 by the petitioner herein for the relief sought for is duly misconceived and is not maintainable. Though rejection of O.P. does not come within the parameters of Order VII Rule 11 CPC, but in the facts and circumstances of the case and from the admitted documents available on record and the allegations in the O.P. do not fulfill the requirements under Section 9 of the Act. Considering these aspects, the trial Court rightly allowed I.A.No.2437 of 22013 in O.P.No.1949 of 2013 and the said order needs no interference by this Court.