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2002 DIGILAW 1708 (ALL)

AMERICAN INSTITUTE OF ENGLISH LANGUAGE (P. ) LTD. v. NITIN SARASWAT

2002-11-18

M.P.SINGH, S.P.SRIVASTAVA

body2002
S. P. SRIVASTAVA AND M. P. SINGH, JJ. ( 1 ) HEARD the learned counsel for the Defendant/appellant. The learned counsel for the caveator-applicant who has put in appearance at this stage, has also been heard. ( 2 ) THE only submission urged and pressed in support of this appeal by the learned counsel for the appellant is that the impugned order passed by the learned District Judge, being violattve of the mandatory provisions contained under Order XXXIX, Rule 3 of the Civil Procedure Code is not sustainable in law. ( 3 ) THE contention of the learned counsel for the appellant is that considering the facts and circumstances as brought on record and the nature of the Interim injunction sought for, it was incumbent upon the learned District Judge to record the reasons for its opinion that the object of granting the injunction would be defeated by delay before granting the ex parte ad interim injunction, which was ignored altogether. ( 4 ) WE have searched in vain for any reason in the impugned order, a perusal of which indicates that the learned District Judge ignoring the mandatory provisions of law has recorded only a conclusion without giving any reasons. ( 5 ) A perusal of the impugned order indicates that the learned District Judge has apparently prejudiced the mandatory provisions of law and has only recorded a conclusion without giving any reasons. ( 6 ) IT should not be lost sight of that as indicated by the Apex Court in its decision in the case of union of India v. Mohan Lal Capoor and Ors. , (1973) 2 SCC 836 , "reasons are the links between the materials on which certain conclusions are based and the actual conclusions". In Its later decision, in the case of Maharashtra State Board of Secondary and Higher Secondary Education v. K. S. Ghandhi and Ors. , (1991) 2 SCC 716 , the Apex Court had clarified that it was settled law that the reasons are harbinger between the mind of the maker of the order to the controversy in question and the decision or conclusion arrived at. The recording of reasons is also an assurance that the authority concerned consciously applied its mind to the facts on record. The recording of reasons is also an assurance that the authority concerned consciously applied its mind to the facts on record. ( 7 ) TAKING into consideration the facts and circumstances noticed hereinabove, this appeal is disposed of finally, providing that the operation of the impugned order shall remain stayed till 26. 11. 2002, which is the date fixed for the final hearing of the application 5c requiring the district Judge, Agra, to conclude the hearing of the application on the date fixed and deliver the orders disposing of the same within 3 days of the hearing. ( 8 ) THE learned counsel for the appellant undertakes to file his objections to the application 5c within 3 days. The learned counsel for both the parties further assure that the parties shall remain present on the date fixed and will cooperate. .