Sabyasachi Mukharji, C. J. -
(1.)Having heard counsel for the parties and having considered the facts, circumstances and the contentions involved herein, we grant special leave and dispose of the appeal by judgment herein.
(2.)This appeal arises out of the judgment and order of the High Court of Delhi dated 9th February, 1983, Appellant No. 1 is a partnership firm. The other four appellants are the partners of the said firm. The respondent is a company incorporated under the Indian Companies Act, 1956 and having, inter alia, one of its regional offices at Janpath, New Delhi. The appellants sought in the Writ Petition filed under Article 226 of the Constitution before the High Court a writ of mandamus against the respondent directing it to desist from denying or discontinuing the supply of all kinds of lubricants to the appellant No. 1 and from ousting, blacklisting, coercing or pressurising the appellant No. 1 from the business of dealing with all kinds of lubricants supplied by the respondent company to have and to continue to supply all kinds of lubricants to the appellant firm as was done in the past and for the maintenance of status quo existing on the 27th May, 1953 and for payment of necessary damages for the period from 28th May, 1983 till the date of the filing of the writ petition before the High Court or till the decision of the writ petition.
(3.)The appellant No. 1, herein referred to as the firm, is a partnership firm, duly registered with the Registrar of Firms, Delhi. The said firm had been carrying on the distribution and sale of all kinds of lubricants and was regsitered under Sales Tax Act vide Registration No. 1636 dated 22nd October, 1951 and has a goodwill of its own, according to the said appellants, in the entire region of Northern India with expertise and knowledge in the distribution and sale of all kinds of lubricants. The appellants contend that in the past 32 years the appellant firm had acquired a very good reputation and has earned enviable goodwill in the trade.