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M/S Turning Point vs Turning Point Institute Private … on 11 August, 2017

1. As would be evident from the cause title, these are two cross suits
between the parties. In each of these suits, the respective plaintiff has filed
an interim application under Order 39 Rule 1 & 2 Code of Civil Procedure
(hereinafter CPC) to seek interim injunction against the defendant in the
particular suit. The parties have addressed their submissions in the said two
applications – the first one being I.A. No. 16232/2015 in CS (OS) No.
2368/2015 preferred by the plaintiff – Turning Point Institute Private
Limited under Order 39 Rules 1 & 2 of CPC to seek interim injunction
against the defendant – M/s Turning Point, and the latter being I.A. No.
22081/2015 in CS(OS) No. 3159/2015 preferred by the plaintiff- M/s
Turning Point, under O39 R1 & 2 of CPC seeking interim injunction against
the defendant- Turning Point Institute Pvt. Ltd. The aforesaid applications
have been heard together and are being disposed of by this common order.
The I.A. No. 16232/2015 is being considered as the lead application, but
both applications are being dealt with together. For ease of reference, the
term ‘plaintiff’ is being used hereinafter to address Turning Point Institute
Private Limited, and the term ‘defendant’ is being used to address M/s
Turning Point hereinafter.

Source: Indian Kanoon


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