IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 FAO.No. 45 of 2009() ------------------------------------- (AGAINST THE ORDER IN I.A.NO.180 OF 2009 IN O.S.NO.1 OF 2009 OF DISTRICT COURT, PALAKKAD) ....... APPELLANT(S): RESPONDENTS 1 & 2/DEFENDANTS 1 & 2: ---------------------------------------------------------------------------------------- 1. M/S. SHREE NARAYANA METALLURGICAL INDUSTRIES, 7/258 A, SHREE NARAYANA NIVAS, MANJAKKAD (POST), SHORANUR 679 121, OTTAPALAM TALUK, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING PARTNER P.M.MOOTHEDATH, AGED 69 YEARS, S/O.LATE M.P.MOOTHEDATH. 2. P.M.MOOTHEDATH, AGED 69 YEARS, S/O.LATE M.P.MOOTHEDATH, MANAGING PARTER, M/S. SHREE NARAYANA METTALURGICAL INDUSTRIES, MANJAKKAD P.O., SHORANUR, RESIDING AT HRIDAYA, ANSELES RIVERDALE, EROOR ROAD, COCHIN – 682 306. BY ADV. MR.TOM K.THOMAS RESPONDENT(S): PETITIONER & RESPONDENTS 3 & 4/PLAINTIFF & DEFENDANTS 3 & 4: ----------------------------------------------------------- 1. M/S. SRI NARAYANA ENGINEERING INDUSTRIES (PVT.)LTD., KULAPPULLY POST, SHORANUR – 2 IN OTTAPALAM TALUK, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR SRI.M.U.NALINI, AGED 63 YEARS, RESIDING AT “SREENARAYANA PRABHALAYAM', KULAPPULLY POST, SHORANUR 2 IN OTTAPALAM TALUK, PALAKKAD DISTRICT. Kss ..2/- ...2..... F.A.O.NO.45/2009 2. SUHITA MOHAN SINGH, AGED 58 YEARS, W/O.P.M.MOOTHEDATH, PARTNER, M/S.SHREE NARAYANA METALLURGICAL INDUSTRIES, MANJAKKAD P.O., SHORANUR, RESIDING AT 'HRIDAYA', ANSELES RIVERDALE, EROOR ROAD, COCHIN – 682 306. 3. ANILKUMAR ALLAM, AGED 34 YEARS, S/O.VENKATRAM IYER, PARTNER, M/S.SHREE NARAYANA METALLURGICAL INDUSTRIES, MANJAKKAD P.O., SHORANUR RESIDING AT SHORANUR 679 121, OTTAPALAM TALUK, PALAKKAD DISTRICT. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== FAO No.45 OF 2009 ===================== Dated this the 5th day of February 2009 JUDGMENT This FAO is preferred against the ex parte order of temporary injunction passed by the District Court, Palakkad in I.A.No.180 of 2009 in O.S.No.1 of 2009. By the said order the appellants before me is restrained from selling, exhibiting or putting in the market their products with the name 'Shree Narayana' with the trade mark 'stag' and with the picture of a 'stag head', etc. Learned counsel for the appellants would contend that this order had worked out very great injustice to his client, the court ought not have passed an ex parte order without hearing him. Order XXXIX Rule 4 of the Code of Civil Procedure prescribes a procedure when an order of injunction is passed to move the court for varying or setting aside the order passed by the court and generally if ex parte order of injunctions are allowed to be challenged in appeal there will not be a fair amount of hearing and so I feel this is a fit case where direction can be given to the District Judge, Palakkad to advance the hearing date of the case the moment the appellant files an application for varying or setting aside the order under FAO 45/2009 -:2:- Order XXXIX Rule 4 C.P.C. and after giving notice to the other side, dispose of the matter as expeditiously as possible, taking the urgency raised by the party and if possible, within a period of 10 days from today. FAO is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-