(Ranjan Gogoi and Abhay Manohar Sapre, JJ.)
Reed Elsevier India Pvt. Ltd. and Anr. ____________ Appellant(s)
v.
Eastern Book Company and Ors. __________________ Respondent(s)
I.A. 5-7/2015 In Civil Appeal No(s). 10245/2014, decided on October 25, 2016
The Order of the court was delivered by
Order
I.A. No. 4
1. Application for intervention is allowed.
I.A. No. 7
2. Application for taking on record the amended Memo of Parties is allowed. Cause title be amended accordingly.
I.A. Nos. 5 and 6
3. The prayers made in I.A. Nos. 5 and 6, in our considered view, ought not to be allowed at this stage inasmuch as the grounds in support of prayer ācā of I.A. No. 5 on which notice has been issued have been urged before the learned trial Court and the Appellate Court. Therefore, consideration of the said grounds and any finding thereon to sustain the relief so as to prayer ācā of I.A. No. 5 is concerned, was amount to pre-judging the appeal.
4. However, to avoid any prejudice and in view of the assurance given by the learned counsels for both the sides that the matter can be disposed of within a short time frame, we order hearing of civil appeal on 23rd November, 2016.
5. The trial Court and the High Court of Allahabad will take into account the present order of this Court before deciding whether it should proceed with the contempt case(s) pending before it.
āāā
