SAVITHA GUPTA Vs. INFANT ADVERTISERS P LTD

JUDGEMENT

(1.) PETITIONERS, being aggrieved by the order dated 25th October 2003 passed on Interlocutory Application filed by respondent under Section 151 of Civil Procedure code, on the file of the learned XVII additional City Civil Judge at Bangalore City (CCH-16), have presented the instant revision petition.

(2.) THE grievance of the petitioners in the instant writ petition is that, the respondent herein-plaintiff had filed a suit for bare injunction against the petitioners-defendants restraining them from committing breach of the terms of two Lease Deeds dated 10th August 2001 executed by them leasing the schedule hoarding to the plaintiff-respondent Company and also had prayed for an ad interim order of temporary injunction restraining the petitioners-defendants or their agents etc. under them from removing, dismantling, defacing, obstructing display of advertisements or allowing third parties from carrying on display causing obstruction in respect of the schedule hoarding and also to restrain the petitioners-defendants from interfering and disturbing the plaintiff from carrying on display, exhibition illumination or business of advertisements in schedule property. Petitioners entered caveat, anticipating the suit by the respondent Company. On the first date of hearing, i. e. on 17th. April 2001, the respondent-Company undertook to pay licence fee as and when it falls due i. e. a sum of Rs. two lakhs per month and recording the said submission made by learned counsel for respondent-plaintiff, the Trial court was pleased to grant the interim order. When things stood thus, there was disobedience of the interim order/undertaking given by plaintiff respondent and therefore, petitioners were constrained to file an application under Order XXXIX, Rule 2-A read with section 151 of the Code of Civil Procedure. The trial Court allowed the application filed by petitioners by its order dated 15th September 2001 and respondent was directed to pay the amount due within a period of fifteen days from the date of filing of the calculation particulars. The plaintiff respondent did not comply, with the said order also. Therefore, the trial Court issued show cause notice to the plaintiff respondent by its order dated 12th september 2003 for disobedience of the interim order by not fulfilling the undertaking given by the plaintiff-respondent. Be that as it may.

(3.) THEREAFTER, plaintiff-respondent herein has filed the application under Section 151 of civil Procedure Code for recalling the order dated 12th September 2003 passed by the Trial court issuing the show cause notice to the plaintiff respondent. The said application filed by the plaintiff respondent had come up for consideration before the Trial Court on 25th october 2003 in O. S. No. 2462/2001. The trial Court after hearing both sides, on going through the averments made by petitioners-defendants in their objections, has framed necessary point for consideration as to whether the plaintiff has made out a case for recalling of the show cause notice issued?