Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1265 of 2009 Petitioner :- Leela Dhar Gera & Another Respondent :- Special Judge S.C. S.T. Act/Adj Bareilly & Ors.
Petitioner Counsel :- Arvidn Srivastava
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Suit was filed by the plaintiffpetitioners to restrain the defendant
respondents from interfering in the supply of the ‘Motor Speed’ and
‘High Speed Diesel’. An application for temporary injunction was
also moved. Notices were issued, but process server submitted a
report that the clerk of the respondent corporation has refused to
accept the notices. Trial court vide order dated 20.11.2009 finding
that licence issued in favour of the petitioner is valid till 31st March,
2010 and the agreement has not been rescinded or cancelled nor
there is any violation of the term of the agreement, granted ex
parte temporary injunction. Respondent no. 3 went up in appeal,
which has been allowed.
It is contended by the learned counsel for the petitioner that
without cancelling the agreement, the defendantrespondent
cannot stop the supply. It has further been contended that the
order passed by the trial court was in exercise of powers conferred
by Order 39 Rule 3, inasmuch as the order was passed ex parte
as the defendantrespondent refused to accept notices and the
same is not appealable under Order 43 Rule 1 R.
Prima facie, there appears to be force in the submission and the
matter needs scrutiny.
Issue notice to the respondent no. 3, who may file counter
affidavit. Petitioner shall take steps for service of notice by
registered post within three days.
Office shall issue notices returnable within six weeks.
List for admission after service of notice on respondent no. 3.
The record further indicates that in pursuance to the order passed
by the appellate court, 19th January, 2010 is the date fixed before
the trial court for consideration of the injunction application.
The trial court is directed to decide the injunction application on the
said date and if for any reason, the adjournment becomes
unavoidable, then the injunction application shall be decided within
two weeks thereafter.
Till the disposal of the injunction application as directed aforesaid,
respondent no. 3 shall ensure regular and uninterrupted supply of
‘Motor Speed’ and ‘High Speed Diesel’ to the petitioner.
After the decision on the temporary injunction application, the
interim order passed above shall automatically stand discharged
and the rights and liabilities of the parties shall be governed in
accordance with the final order passed on the temporary injunction
application.
05.01.2010
VKS/ WP 1265/09