- (1.) -WE have heard Sri P. K. Mukerji, learned Counsel for the appellant and Sri B. N. Singh assisted by Sri Anil Kumar Pandey, learned Counsel appearing for the respondent No. 2.
(2.) IN this matter on 24. 4. 2007, a Division Bench of this Court has already directed Sri Vijay Kumar Mehta and his agents and servants not to sell any kind of books etc. The order passed by this Court is extracted as under:-"in the meanwhile and until further orders there will be an ad interim order restraining Shri Vijay Kumar Mehta, his agents and servants no to sell any kind of books, magazines, etc. at platform Nos. 1 and 3 of the Mulund Railway Station, Central Railway Mumbai. "
(3.) SRI P. K. Mukerji has urged that defendant-respondent No. 2, Sri Vijay Kumar Mehta was an agent of the appellant's book stall at Mulund Railway Station, Mumbai at Platform Nos. 1 and 3 but agency of the defendant-respondent no. 2 has been terminated and defendant No. 2 had been restrained from selling any book from the shop lying closed due to which appellant is suffering loss and in case appeal of the appellant is dismissed by this Court, the appellant is ready to comply with the directions which may ultimately be issued by this Court after final hearing. Sri P. K. Mukerji has also urged that the matter is extremely urgent and every day the appellant is being subjected to heavy loss and he gives an undertaking on behalf of the appellant that the appellant shall keep the profits of the aforesaid two book stalls in separate bank account which shall be subjected to the decision of this appeal. In view of the undertaking given by the learned Counsel for the appellant and in view of the urgency of the matter he has made a request that Advocate Commissioner be appointed so that he may go to Mulund Railway Station, Mumbai and handover possession of the book stalls to the appellant so that it may be run by any other person/agent.;