Ramsahay Palsaniya @APPELLANT@Hash Bharat Petroleum Corp Ltd & Ors

Having heard the counsel for the parties, I am of the considered view that in the facts of the case, as the temporary injunction application under Order

39 Rule 1 & 2 CPC is still pending before the trial court and the next date therein is tomorrow i.e. 7.3.2018, as stated by counsel for the parties, the

trial court be directed to dispose of the said application on the said date or within seven days. It is so directed.

And in view of the direction aforesaid, there is no warrant to interfere with the impugned orders passed by the courts below.

Mr. P.S. Sirohi, counsel for petitioner-plaintiff-applicant (hereafter ‘the plaintiff’) and Mr. J.P. Gupta, counsel for respondents-defendants-non

applicants no. 1 and 2 as also Mr. Hemant Kumar Gupta, counsel for respondent-defendant-non applicant no.3 (hereafter ‘defendant no.3’)

have jointly prayed that the trial court be directed to dispose of the underlying suit expeditiously and as far as possible within six months. It is also

accordingly directed.

To effectuate the direction of this Court for early disposal of the suit, no adjournments, as counsel agreed, be sought and granted by the trial court

unless absolutely unavoidable. And when granted be only for a couple of working days. In case of non cooperation of either of the parties, the trial

court will be free to dismiss the suit filed by the plaintiff for non prosecution or otherwise proceed ex-parte, if so warranted, against the defendants or

any of them.

The writ petition stands disposed of accordingly.