Madras High Court
Sikkandar Syed Kathar vs Aspt. Balakrishnan on 27 April, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)Nos.438 to 440 of 2022
and
C.M.P(MD).Nos.3902 to 3903 of 2022
Sikkandar Syed Kathar : Appellant in all C.M.As
.vs.
1.ASPT. Balakrishnan
2.M/s.Zinc Foods Private Limited,
Represented by its Director,
3/127-D-1, Swamy Nagar,
Salem Road,
Namakkal-637 001.
3.M/s.Arnica Enterprises Private Limited,
Represented by its Director,
First Floor,
Harini Complex,
Perundurai Road,
Thindal Medu,
Erode-638 012. ... Respondents in all C.M.As
COMMON PRAYER: Civil Miscellaneous Appeal filed under Order 43
Rule 1(r) of the Civil Procedure Code, to set aside the order granting ad-
interim injunction dated 20.04.2022 made in I.A.Nos.1, 2 and 3 of 2022
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in O.S.No.156 of 2022 on the file of the learned Principal District Judge,
Dindigul by allowing this Civil Miscellaneous Appeal.
For Appellant :Mr.N.Shanmuga Selvan
(In all Cases)
For Respondents :M/s.Lakshmi Gopinath
( In all Cases)
COMMON JUDGMENT
*********************
The fourth defendant/appellant in the suit in O.S.No.156 of 2020
has filed these Civil Miscellaneous Appeals.
2. After hearing the learned counsel for the appellant and the
learned counsel for the respondents, I find that there a contract between
the defendants 1, 2 with the third defendant/Civil Supply Corporation.
Based upon that, there is a specific contract between the defendants 1
and 2. Several allegations were made by the fourth defendant against the
plaintiff to prevent the special contract that would be terminated. At the
influence of the fourth defendant, the suit has been filed for injunction
and also for ad-interim injunction. The contract between the 1st and the
2nd defendant is terminated due to ulterior motive and in connivance of
defendants.
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3. The Principal District Judge, Dindigul, has passed the order that
there is a prima facie case and the third respondent is not only a public
sector and further in view of the apprehension expressed by the plaintiff,
the balance of inconvenience and irreparable injury were considered by
the Principal District Judge and ad-interim injunction was granted and
notice was ordered to the defendants.
3(b).After receipt of the notice, the fourth defendant has preferred
these appeals. The respondents/defendants drew my attention to the
agreement, terms and conditions entered between the parties and also
relied upon the conditions therein. The relation between the parties as
stated supra is not in dispute.
3(c).An interim injunction was ordered as against the respondents
1 to 4 and the fourth respondent is the appellant herein. After taking into
consideration the terms and conditions of the contract between the
defendants 1 and 2 with the third defendant and the sub contract between
the plaintiff and the defendants 1 and 2. The interim injunction order was
sought for against the respondents 1 to 4 till the disposal of the
application.
3(d). Another I.A has been filed to grant an order of ad-interim
injunction from taking any action/proceedings to terminate any contract
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including the contract executed among the respondents 1 to 3, for all the
locations covered under the proceedings No.MT9/47397/2019, dated
07.01.2020. Another application was filed for ad-interim injunction
restraining the respondents from modifying or deleting the method of
operation and transportation as detailed in contract as awarded for the
entire religions vide proceedings No.MT9/47397/2019 dated 07.01.2020.
The another application was filed for permanent injunction by restraining
the respondents from concluding any proceedings in any manner towards
appointment of any new transport contractor for any locations covered
under the proceedings No.MT9/47397/2019 dated 07.01.2020 issued by
the third defendant.
4. The main contention raised by the appellant counsel on terms
and conditions, can be gone into, only after filing of the counter affidavit
by the defendants as such, the recording of reasons by the Principal
District Judge that prima facie case is made out, need not to be interfered
with. It is open to the appellant/fourth defendant to file a necessary
counter affidavit before the trial Court as early as possible and on such
filing, the trial Court shall dispose of the applications within a period of
three weeks from the date of filing of the counter.
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5. With the above observations, these Civil Miscellaneous Appeals
are disposed of. No costs. Consequently, the connected Miscellaneous
Petitions are closed.
27.04.2022
Index:Yes/No
Internet:Yes/No
tta
To
1.learned Principal District Judge,
Dindigul.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN.,J.
tta
JUDGMENT MADE IN
C.M.A(MD)Nos.438 to 440 of 2022
and
C.M.P(MD).Nos.3902 to 3903 of 2022
27.04.2022
https://www.mhc.tn.gov.in/judis
