South Indian Corporation (Agencies) Ltd. vs Tamil Nadu Electricity Board and Others <BR>Tamil Nadu Electricity Board and Another Vs E.C. Bose and Co. Pvt. Ltd. and Others

Leave granted. We have heard the learned Counsel for the parties and perused the impugned judgment of the High Court in O.S.A. No. 374 of 1997. We find that O.S.A. No. 374 of 1997 which was filed by Respondent No. 1 against the order of the learned single Judge dated October 27, 1997 was not maintainable since the said order was an ad-interim ex parte order on an injunction application which was yet to he disposed of by the learned Single Judge. It also appears that subsequent to the passing of the said order dated October 27, 1997 arguments were heard by the learned Single Judge on the injunction application and order has been reserved on December 8, 1997. The appeal filed by Respondent No. 1 was directed against certain oral observations which are said to be made by the learned Single Judge during the course of hearing of the injunction application. In our opinion, the order dated October 27, 1997 and the observations of the learned Single Judge cannot be regarded as a judgment against which an appeal could lie. In such circumstances, we are unable to uphold the impugned judgment of the High Court and the same is, therefore, set aside. As a result the position as it stood on the dale of the passing of the impugned judgment is restored and it will continue till the passing of the final order by the learned Single Judge on the injunction application. The appeals are disposed of accordingly.