SONALI AANSH TRADING (PVT.) LTD. Vs. M/S BIRLA TYRES

JUDGEMENT

(1.) The plaintiffs seek leave to appeal against the judgment and Order dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2004 making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respondent Nos. 1-3 from dealing and/or making any transaction underhand or overhand in any manner with any person or person in respect of Birla Brand Tyres and the order dated 14.8.2003 in the nature of temporary mandatory injunction directing the said defendants for stopping entry of all consignment of Birla Brand truck/non-truck tyres, LCV, Car tyres and other materials until the disposal of the application for the purpose.

(2.) The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until condition is changed the Birla Tyres demand exceeding the limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the appointments/contracts/agreements and the contractual rights of the plaintiffs, for the decree declaring that all transactions made and actions taken by the defendants with the unauthorized persons in the purported name of importers for sale and supply of Birla Tyres in Bangladesh in underhand and clandestine manner during subsistence of the contracts/appointments/agreements with the plaintiffs who are sole distributors, sole indentures and exclusive importers of Birla Tyres and other materials for Bangladesh are illegal, malafide, void, without jurisdiction and a nullity and for a decree of permanent injunction restraining the defendants from doing any act and making any breach whether actual or threatened of the rights vested in the plaintiffs on the basis of the contracts/agreements/their appoints as the distributors, indentures and exclusive importers of Birla Truck, Non Trucks, LCV, Car Tyres and other materials for Bangladesh and/or doing any other acts and /or entering into any contract or agreement with any other person/persons until the condition is charged in the Birla Tyre market and demand increased exceeding the limit/target of 5000 Truck Tyres in addition of the 5000 Non-Truck limit per month in Bangladesh market and/or the appointments of the plaintiffs as distributors, indentures and exclusive importers are terminated or any other changes are made in the agreement/ appointments for valid reasons and grounds and for a decree for mandatory injunction directing the pro forma defendants to stop entry of all consignments of Birla Brand Truck, Non Truck, LCV and Car Tyres and other materials relating thereto shipped and/or trans-shipped as export goods of Birla Tyres materials for sale and supply by and/or through any other person or persons, importer or importers, distributor or distributors, sale representative or representatives excepting the plaintiffs in Bangladesh market, seize those consignments, goods and materials and forfeit them in accordance with law.

(3.) The learned Assistant Judge allowed the ad interim injunction and ad-interim mandatory injunction as aforesaid by order dated 9.8.2003 and 14.8.2003 respectively. On the appeal by the defendants the learned Additional District Judge, however, dismissed the appeals by order dated 19.10.2003. The respondents, however, successfully moved the High Court Division in Civil Revision No.2347 of 2004 which made the rule absolute setting aside the orders dated 4.7.2004, 9.8.2003 and 14.8.2003 granting temporary injunction and mandatory injunction respectively.