(1.) "In rejecting the applications of the appellant for grant of temporary injunction, whether the trial Court exercised its discretion contrary to Order XXXIX Rules 1 and 2 of the Code of the Civil Procedure, 1908 (for short, CPC) ?" is the question involved in this case.
(2.) Appellant company is incorporated under the Companies Act , 1956 engaged in coal beneficiation (washing raw coal) services. Respondent No.1 is State owned Corporation engaged in generation and distribution of power in the State of Karnataka and in India.
(3.) Respondent No.1 has one such thermal power generation station in Raichur which is called as Raichur Thermal Power Station (for short 'RTPS). Respondent No.1 secures coal which is called Raw coal/Run of mine coal (for short 'RoM Coal) and gets that beneficiated through washery contractors and then use such washed coal for generation of power at RTPS.