INDIAN OIL CORPORATION LTD Vs. GANDHI TRAVELS AND TOURS BARODA

JUDGEMENT

(1.) Rule. Mr. J. G. Shah learned Counsel waives service of the Rule on behalf of the respondent. With the consent of the parties this petition is taken up for hearing today.

(2.) This petition arises out of a suit being Regular Civil Suit No. 1606 of 1987 filed by the respondent in the Court of the learned Civil Judge Senior Division at Vadodara praying for a declaration that the petitioner who is defendant in the suit has no right to extend the contract of M/s. Janta Transport Services beyond 14/12/1987 and for a permanent injunction restraining the petitioner from extending the period of the said contract. The respondent made application Exh. 5 in the said suit praying for an injunction to restrain the petitioner from extending the term of the aforesaid contract beyond 14/12/1987 or to engage M/s. Kabir Transport in the same job. The learned Judge who heard the application Exh. 5 granted ex-parte ad interim injunction as prayed for by the respondent till 27/11/1987 and issued notice to the petitioner. The petitioner appeared in response to the notice and resisted the suit and application for injunction. By an application Exh. 9 dated 27/11/1987 the petitioner prayed that the application Exh. 5 be heard as there were serious consequences because of the ex-parte injunction order. It was also urged that the respondent had deliberately concealed the fact that the suit being Regular Civil Suit No. 1594 of 1987 was filed by it in the Court of the learned Civil Judge Junior Division and that Court had in that suit refused to grant ad interim injunction which was in similar terms to the injunction prayed for in the present suit filed by the respondent. According to the petitioner the present suit that is Regular Civil Suit No. 1606 of 1987 was not maintainable in view of the aforesaid Regular Civil Suit No. 1594 of 1987. The learned Judge however instead of hearing the application Exh. S extended the ex-parte ad interim injunction granted by her upto 30/11/1987 The petitioner apprehending that the ex-parte ad interim injunction would be further extended approached this Court by way of this petition.

(3.) Ordinarily the Court would have been reluctant to interfere with the ex-parte ad interim injunction granted by the lower Court but having regard to the facts and circumstances stated in the petition notice pending admission was issued to the respondent and ad interim relief staying further proceedings in Civil Suit No. 1606 of 1987 was granted and record and proceedings in the said suit were called for.