HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 21976 of 2011 Petitioner :- Brij Autos And Another Respondent :- Amit Kumar And Others Petitioner Counsel :- Swapnil Kumar Respondent Counsel :- P. Padia Hon'ble Rajes Kumar,J.
Respondent no. 1 filed a suit against respondent nos. 2 and 3 for permanent injunction. The petitioners are running a petrol pump.
It appears that respondent no. 2 is intending to open C.N.G. retail outlet at the premises of petitioner no. 1. Respondent no. 1 moved an application for the interim relief restraining respondent no. 2 not to establish C.N.G. outlet at the petitioners premises or anywhere else. The petitioners are not party in the suit. By the impugned order dated 18.3.2011, the Additional District Judge, Court No. 13, Agra has been restrained from establishing C.N.G. Station of B.P.C.L. Retail Outlet at Brij Autos, the petitioner no.1.
Learned counsel for the petitioners submitted that the petitioners are not party in the suit and such order cannot be passed by the trial court.
The submission of the learned counsel for the petitioners has a substance and requires consideration.
Sri Prakash Padia, Advocate has accepted notice on behalf of respondent no. 3. Issue notice to respondent nos. 1 and 2, returnable at an early date. The petitioners may take steps to serve the respondent nos. 1 and 2 by registered post.
List in the week commencing 16.5.2011.
Till the next date of listing, the operation of the order dated 18.3.2011 passed by the Additional District Judge, Court No. 13, Agra in Misc. Appeal No. 206 of 2010 (Amit Kumar Vs. Green Gas Ltd. and another) shall remain stayed against respondent no. 2 and petitioner no. 1.
Order Date :- 18.4.2011 OP