FAO(OS) (COMM)/163/2026 of PRESTIGE ESTATES PROJECTS LIMITED Vs OCEAN PEARL HOTELS PRIVATE LIMITED on 20 July 2026

O R D E R

% 20.07.2026 CM APPL. 45414/2026 (For early hearing)

1. For the reasons stated in the application, the same is allowed.

2. The application stands disposed of. FAO(OS) (COMM) 163/2026

3. We have heard the learned Senior counsel for the parties.

4. This appeal has been filed with the following prayers:- “i. Set aside the Ex-parte ad-interim injunction order dated 20.05.2026 passed by the Learned Single Judge in I.A. No. 14157/2026 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 in CS (COMM) No. 531 of 2026, as well as the Impugned Order-2 and Impugned Order- 3 and direct the Learned Single Judge to decide the Respondent’s Injunction Application afresh on its own merits, after affording both parties a full and fair opportunity of being heard; and

ii. Set aside the Impugned Order-3 dated 02.07.2026 passed by the Learned Single Judge in the Contempt Application, I.A. 16487/2026 and direct the Learned Single Judge to decide the Appellant/ Defendant’s Vacation Application and the Respondent’s Injunction Application, before considering the Plaintiff’s Contempt Application; and

iii. Pass any other further order(s) in favour of the Defendant/Appellant as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

5. One of the grievances of the appellant as urged by Mr. C.M. Lall, learned Senior counsel is that the order dated 02.07.2026, whereby the learned Single Judge while considering the I.A. 16487/2026 which is an application filed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (“CPC”) filed by the respondent herein seeking contempt action against the appellant herein for violation of order dated 20.05.2026 has observed that the said application would be heard, first on the next date of hearing i.e., 29.07.2026.

6. The submission of Mr. Lall is that the application being I.A. 16487/2026 if decided first by the learned Single Judge then the very purpose of filing an application under Order XXXIX Rules 4 of CPC, shall get defeated. He also states even the impugned order dated 20.05.2026 which has been passed by the learned Single Judge is contrary to the limited facts pleaded by the respondent in the plaint. He has made various submissions to impress upon this Court that the stay order dated 20.05.2026, is liable to be vacated.

7. Mr. Sai Deepak, learned Senior counsel for the respondent contests the submissions made by Mr. Lall. He would also submit on instructions, that the respondent has no objection if the learned Single Judge first decides the applications under Order XXXIX Rule 1 & 2 and Order XXXIX Rule 4 of the CPC before considering the I.A. 16487/2026. The submission is taken on record.

8. The learned Senior counsel for the parties state that they shall complete the pleadings in the applications before hearing by the learned Single Judge. The replies filed to the applications be taken on record.

9. Insofar as, the request of Mr. Lall that the date of hearing before the learned Single Judge be advanced is concerned, appropriate be for the appellant to file an application for the advancement of the date, for the consideration of the learned Single Judge.

10. The appeal along with pending application(s) is disposed of.

11. The date fixed i.e., 24.07.2026 stands cancelled. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JULY 20, 2026/rk