KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. OMNI VISUAL MEDIA PVT. LTD.

JUDGEMENT

(1.) THIS is a defendants appeal challenging the correctness and legality of order dated 30.10.2014 passed by XIII Addl. City Civil and Sessions Judge, Mayohall, Bangalore, whereunder I.A. No. 1 filed by plaintiff under Order 39 Rule 1 and 2 CPC read with Section 151 CPC to restrain the defendant by an order of temporary injunction from dismantling or defacing the hoarding boards or interfering with the maintenance of said hoardings located at "Intermodal Transit Center, Bus Shelter, Bangalore", at Bangalore International Airport Trumpet Centre Change, which is situated within the jurisdiction of Poojenahally Junction, Jala Hobli, Bangalore Rural District, Devanahalli has been allowed.

(2.) HEARD the arguments of Sri. P.D. Surana, learned counsel appearing for appellants/defendants and Sri. C.K. Nandakumar, learned counsel appearing for respondent/plaintiff. Perused the order in question. By consent of learned Advocates appearing for parties, this appeal is taken up for final disposal.

(3.) DEFENDANTS on service of suit summons appeared and filed their objections to said interlocutory application denying the averments made therein and contending that plaintiff is guilty of suppression of facts and as such, not entitled for any relief. It is also contended that plaintiff was given licence to erect the advertisement boards in the bus shelters on concessional licence fee and he has been displaying the said advertisements in three bus shelters and in lieu of two other bus shelters which could not be provided to plaintiff, he has put up a hoarding measuring 40 x 40 ft. and has been displaying the advertisement of his customers. It has been contended that licence issued to plaintiff came to an end on 09.02.2014 and as such, said hoardings or the display boards installed by plaintiff vested with defendant/Corporation on expiry of licence and defendant as such has taken steps to allot the advertisement space. It is further contended that plaintiff was given licence to display advertisement at this bus shelters as per agreement executed in that regard, which came to an end after expiry of three years i.e., from 27.07.2008. Since plaintiff continued to display the advertisement despite being aware of expiry of licence period, to regularize the same, he was asked to execute an agreement for further period of 3 years from 10.02.2011 and was also directed to pay licence fee, which also expired on 09.02.2014. Defendants have also contended that since plaintiff had failed to remove the hoardings on expiry of lease period on 09.02.2014 since no fresh agreement has been executed. It is also contended that despite several notices being issued to plaintiff, hoardings had not been removed. On these amongst other grounds, defendants sought for dismissal of the application.