Yash Pal Batra vs Sushil Adhana And Ors
2022 Latest Caselaw 11887 P&H

                                   114

                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                              CR-1864-2022 (O&M)
                                                                                        Date of decision : 21.09.2022


                                   Yash Pal Batra                                                       ... Petitioner(s)

                                                                            Versus

                                   Sushil Adhana & Ors.                                               ... Respondent(s)



                                   CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                                   Present :         Mr. Gaurav Tyagi, Advocate for the petitioner.

                                   ALKA SARIN, J. (ORAL)

The present revision petition under Article 227 of the

Constitution of India has been filed impugning the orders dated 02.09.2019

and 16.03.2022 dismissing the application filed by the plaintiff-petitioner

under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

The brief facts relevant to the present lis are that the plaintiff-

petitioner filed a suit for declaration with consequential relief of permanent

injunction and mandatory injunction averring therein that he is running a

confectionery shop in the name of J.N. Batra Confectionery being Shop

No.1, B.K. Chowk, NIT, Faridabad since the last 35 years. It was further

averred that an adjoining booth has been allotted by defendant-respondent

Nos.2 and 3 to defendant-respondent No.1 for selling different products of

Vita Dairy like milk, curd and milk products etc. It was further averred that

defendant-respondent No.1 was selling different items than those permitted

by defendant-respondent Nos.2 and 3. Along with the plaint, an application

YOGESH SHARMA under Order 39 Rules 1 and 2 CPC was also filed. The Trial Court vide 2022.09.22 10:50 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh CR-1864-2022 (O&M) -2-

impugned order dated 02.09.2019 dismissed the application filed by the

plaintiff-petitioner. Aggrieved by the said order, an appeal was preferred

which was also dismissed vide order dated 16.03.2022. Hence, the present

revision petition.

Learned counsel for the plaintiff-petitioner would contend that

the business of the plaintiff-petitioner has adversely been affected as the

defendant-respondent No.1 is selling products which are not permissible

under the contract between defendant-respondent No.1 and defendant-

respondent Nos.2 and 3.

Heard.

In the present case the only grouse of the plaintiff-petitioner is

that his business is being affected due to the violation of a contract between

defendant-respondent No.1 and defendant-respondent Nos.2 and 3. Learned

counsel for the plaintiff-petitioner has not been able to show any violation of

any contract between the plaintiff-petitioner and defendant-respondent No.1.

If at all there is any grouse, it would be for the defendant-respondent Nos.2

and 3 to approach the Court or to resort to their remedies as available in law.

In the order passed by the lower Appellate Court it has been noticed that

defendant-respondent No.3 also conducted a discreet inquiry and all the

allegations made by the plaintiff-petitioner were found to be false. The

defendant-respondent No.4 i.e. the Commissioner Municipal Corporation,

NIT Zone, Faridabad also did not support the allegations as levelled by the

plaintiff-petitioner. None of the ingredients of Order 39 Rules 1 and 2 CPC

are made out in the present case.

YOGESH SHARMA 2022.09.22 10:50 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh CR-1864-2022 (O&M) -3-

In view of the above, I do not find any illegality or infirmity in

the orders passed by the Courts below. The present revision petition which is

devoid of any merit is dismissed. Pending applications, if any, also stand

disposed off.

It is, however, made clear that any observation made herein

shall not be treated as an expression of opinion on the merits of the case.

Dismissed.

                                                                                    ( ALKA SARIN )
                                   21.09.2022                                            JUDGE
                                   Yogesh Sharma

NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2022.09.22 10:50 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh