Patna High Court

Samriddhi Rice Mill Private LimitedversusSamriddhi Agro Foods Private Limited

Decided: 5 January 2026
Disposal: DISPOSED
Bench: RAJEEV RANJAN PRASAD SHAILENDRA SINGH

Holding

The High Court directed the District Judge to consider the appellant's application for an ad‑interim injunction within one month and to pass a suitable order.

Summary

Samriddhi Rice Mill Private Limited appealed to the Patna High Court alleging that the District Judge, Vaishali (Hajipur), failed to pass any order on its application for an ex-parte ad‑interim injunction in Commercial Suit No.1 of 2023, despite notice having been served on the defendants. The appellant sought a direction that the district judge hear the injunction application. The High Court examined the prayer and, finding no substantive order on the injunction, directed the district judge to consider the application within one month of receiving the order and to pass an appropriate order thereafter. The direction was to ensure timely adjudication of the interim relief sought. The appeal was consequently disposed with the said direction.

Issues considered

What is the appropriate remedy when a lower court fails to pass an order on an application for an ex‑parte ad‑interim injunction?
Does the High Court have jurisdiction to direct the lower court to hear and decide the injunction application within a specified time?

Subjects

ad‑interim injunction
commercial suit
appellate jurisdiction
direction to lower court
procedural order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  COMMERCIAL APPEAL No.9 of 2024
                 ======================================================
                 Samriddhi Rice Mill Private Limited a Company within the meaning of the
                 Companies Act, 2013, having a registered office at Unit No. 302, 3rd Floor
                 Jokhiraam Lane Main Road, Police Station - Hindpiri, Ranchi - 834001,
                 Jharkhand, represented by one of its Directors Mr. Anand Kumar Sekhsaria,
                 Son of Lt. Binod Kumar Sekhsaria, aged about 45 years, residing at Purana
                 Bazar, Chakulia, Dist. E. Singhbhum, Jharkhand - 832301.

                                                                             ... ... Appellant/s
                                                       Versus
           1.    Samriddhi Agro Foods Private Limited a company within the meaning of the
                 Companies Act, 2013, carrying on its business from village- Mallar, Post
                 Office- Itki, Police Station - Itki, Ranchi- 835303, Jharkhand.
           2.    M/S Jay Mata Di Traders, Desari, Police Station - Desari, District- Vaishali,
                 Pin Code- 844504, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Rajeev Kumar Jain, Advocate
                                               Mr.Javed Aslam, Advocate
                                               Ms. Yamini Mahawar, Advocate
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   05-01-2026                  Learned counsel for the appellant submits that the

                   limited grievance of the appellant in this case is that the learned

                   District Judge, Vaishali (Hajipur) while hearing Commercial

                   Suit No.1 of 2023 did not pass any order on the application

                   seeking ex-parte ad-interim order of injunction.

                                2. This Court has been informed that in the suit, notice

                   was issued to the defendants. The said notice has already been

                   served on the defendants.
           Patna High Court COMMERCIAL APP No.9 of 2024(4) dt.05-01-2026
                                                    2/2




                                3. Learned counsel submits that the appellant would

                    be satisfied if this Court directs the learned District Judge,

                    Vaishali (Hajipur) to hear the appellant on the point of ad-

                    interim injunction.

                                4. Having regard to the kind of prayer made on behalf

                    of the appellant, we are disposing of this appeal with a direction

                    to the learned District Judge, Vaishali (Hajipur) to consider the

                    application of the appellant in Commercial Suit No.1 of 2023, if

                    any, seeking ad-interim order of injunction. Such consideration

                    shall be given within a period of one month from the date of

                    receipt of a copy of this order and an appropriate order thereon

                    shall be passed within a reasonable period.

                                5. This appeal stands disposed of accordingly.



                                                   (Rajeev Ranjan Prasad, J)


                                                    (Shailendra Singh, J)
arvind/-

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