FRANK SIMOES ADVERTISING PRIVATE LIMITED Vs. HADA LEASING AND INDUSTRIES LIMITED

JUDGEMENT

(1.) The plaintiff has filed this suit against defendant No. I for grant of an injunction for performance of the nagative covenant. The facts on which the relief is claimed are briefly stated as under :

(2.) The plaintiff is engaged in the business of advertising agency. The defendant No. I is carrying on the business of Hada Foods. On 20.6.1987 the parties entered into an advertisii,g agency agreement. The siad agreement inter alia contains the following terms :-

(3.) Alongwith the suit the plaintiff has filed and application under Order 39 Rule 1 & 2 of the Code of Civil Procedure for the grant of interim relief (being 1.A. 184/1988) which is under disposal. Besides repeating the allegations made in the plaint it is stated that the plaintiff will suffer irreparable loss and injury in case the reliefs prayed for by way of temporary injunction till the disposal of the suit are not granted to the plaintiff.