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2013 DIGILAW 1163 (MAD)

E-Merge Tech Global Services Pvt. Ltd v. J. Arun Vivek

2013-02-28

M.JAICHANDREN, M.M.SUNDRESH

body2013
Judgment M. Jaichandren, J. 1. This Original Side Appeal has been filed against the order of the learned single Judge, dated 18.12.2012, made in Application No. 2457 of 2012, in C.S. No. 372 of 2012. 2. At this stage of hearing of the Original Side Appeal, the learned counsel appearing on behalf of the appellant had submitted that it would suffice, if the observation made by the learned single Judge, in paragraph 8 of his order, dated 18.12.2012, stating that the plaintiff in the suit, in C.S. No. 372 of 2012, had obtained an order of interim injunction restraining the first defendant from continuing in the employment of the second defendant, by misleading the Court, is expunged. 3. The learned counsel appearing on behalf of the first respondent had submitted that his claim relating to the compensatory cost of Rs.2,50,000/-, ordered to be paid by the appellant, to the first respondent, may be waived. 4. In such circumstances, the observation made by the learned single Judge, in paragraph 8 of his order, dated 18.12.2012, in Application No.2457 of 2012, in C.S.No.372 of 2012, relating to the statement that the plaintiff had obtained an order of interim injunction restraining the first defendant from continuing in the employment of the second defendant, by misleading the Court, stands expunged. Further, the compensatory cost of Rs.2,50,000/-, ordered to be paid by the appellant, to the first respondent, shall also stand set aside. Accordingly, the present Original Side Appeal stands allowed to the extent mentioned above. No costs. Consequently, connected miscellaneous petition is closed.