UNION OF INDIA Vs. MODI INDUSTRIES LIMITED

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Allahabad High Court in a suit filed by the plaintiff-respondent for an injunction against the defendant-appellant restraining it from realizing the sum of Rs. 93,981-8-0 on account of the alleged siding charges for the period December 1, 1949 to March 31, 1956 and from stopping the supply of wagons in the railway siding of the plaintiff and further from cancelling the agreement dated July 4, 1933 for the aforementioned reasons.

(2.) The facts necessary for deciding the appeal may be stated. By means of an agreement dated July 4, 1933 the plaintiff entered into an agreement with the Secretary of State for Indian Council through the agent of the North Western Railway (now represented by the Union of India) whereby it was agreed that the former shall lay a railway siding from Begamabad Station Yard of that railway for enabling the plaintiff to carry on its business at its premises. Clause 13 of the agreement was follows:

(3.) Out of the issues framed by the trial court on the pleadings of the parties the following need be mentioned: