- (1.) This is an application by the Plaintiff for the grant of an injunction against the Defendant, its servants and agents, from taking possession of, and or interfering with the possession of the Plaintiff and or from interfering with the Plaintiff's business and or cancelling the license granted to the Plaintiff, pending the disposal of the suit, The application was moved ex parts before Guha, J., during the vacation and an interim injunction was obtained on October 14, 1950 On October 28, 1950, an application was made by the Defendant for an order vacating the injunction. Both these applications have come up before me one after the other and may be disposed of at the same time.
(2.) The facts are briefly as follows: One Saidunnessa Bibi is the owner of premises No. 213, Lansdowne Road. The Plaintiff is the husband of Saidunnessa Bibi. She granted a lease of the premises to the Defendant. The original lease was granted in February, 1938 and the present lease which is still subsisting, was granted on August 8, 1950, for a period of five years, commencing from March 1, 1948, with an option for renewal for a further period of five years. The Defendant has constructed on the premises a petrol pump, together with underground petrol tank, delivery pump and a service station. The Defendant entered into two agreements with the Plaintiff, one dated February 11, 1938, appointing the Plaintiff as a dealer and an other agreement dated August 1, 1939, granting license to the Plaintiff for the use and occupation of the premises as Agent or Licensee of the Defendant. Copies of these two agreements are annexed to the affidavit in opposition affirmed by Mr. Carey, dated November 24, 1950. The dealership agreement provides for the supply by the Defendant to the Plaintiff of the Company's products and inter alia contains the following clause: (13) ...This agreement shall continue in force until determined at any time by the dealer by one month's notice in writing to the Company or by the Company at any time by notice in writing to the dealer.... The license granting the right of use and occupation of the premises to the Plaintiff specifically states that the dealer's use and occupation thereof should be that of an Agent or Licensee and not of a lessee or tenant. The license contains the following clause: (6) This license may be revoked at any time by the Company by notice in writing to the dealer and the dealer may surrender the license by one month's previous notice in writing to the Company
(3.) On or about September 25, 1950, the Defendant gave notice to the Plaintiff, terminating both the dealership agreement as well as the license. This was sent under registered post but was returned with the remark "left", although the Plaintiff was carrying on business at the premises and was accepting other letters. A copy of the notice was also sent to the appropriate authority under the West Bengal Motor Spirit Sales Tax Act. It is stated by Mr. Carey, the District Sales Manager of the Defendant, that on October 9, 1850, the Plaintiff called at his office and saw him when he was informed about the above facts and was requested to accept the notice, but the Plaintiff refused. On October 10, 1950, a fresh notice was sent by registered post as also by ordinary post. This notice was received, as it appears, on October 14, 1950.;