High CourtsSingle Bench(1989) 02 P&H CK 0111

Sardul Singh vs The Punjab Small Industries and Exports Corporation Limited, Chandigarh and another

Punjab And Haryana At Chandigarh · Decided on 6 February 1989

HON’BLE JUDGES
J.V. Gupta, J
RESULT
Allowed
CASE NUMBER
Civil Revision No. 1986 of 1987

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Judgment

4 paragraphs · 194 words

J.V. Gupta, J.—This petition is directed against the order of the Additional District Judge, Ludhiana, dated 25.5.1987, whereby the ad interim injunction granted by the trial Court was vacated.

2.

After hearing the learned Counsel for the parties, I do not find any merit in this petition. The matter has been discussed in detail by the learned Additional District Judge I do not find any illegality or impropriety therein as to interfere in revisional jurisdiction.

3.

it was held by the Supreme Court in United Commercial Bank Vs. Bank of India and Others, that "no injunction could be granted under Order 39, rules 1 and 2 of the Code, unless the Plaintiffs establish that they had a prima facie case, meaning thereby that there was a bona fide contention between the parties or a serious question to be tried." No such prima facie case has been made out by the Plaintiff for ad interim injunction.

4.

Apart from that, the conduct of the Plaintiff speaks for itself. He has not allowed to proceed the arbitration proceedings nor the suit itself. Consequently, this petition fails and is dismissed with costs. Costs assessed at Rs. 1000/-.