FAST TRAX FOOD PVT LTD Vs. ELENA NORMAN

JUDGEMENT

(1.) This order shall dispose of an application filed by the plaintiff under Order 39 Rules 1 and 2 CPC seeking an ex parte ad interim stay against the defendant Nos. 1 to 3 from permitting sale or service of any food or beverages by the defendant No. 5 or any other third party in the entire stadium including VIP lounge and media centre during the FIH Hockey World Cup, 2010 being held at New Delhi from 28.2.2010 to 13.3.2010.

(2.) Briefly stated the facts as alleged by the plaintiff in the suit are that the plaintiff had entered into an agreement dated 09.2.2010 with the defendant No. 1 by virtue of which the plaintiff was granted exclusive rights to serve food and beverages in the entire stadium including general public, VIPs, WIP's fixed staff from the various locations in the Major Dhyan Chand Hockey Stadium (National Stadium), New Delhi where the World Cup Hockey Tournament was to be held from 28.2.2010 to 13.3.2010. It is alleged that defendant No. 3 had signed the agreement for and on behalf of defendant Nos. 1 and 2 and the relief clause of the agreement laid down as under:-

(3.) It is alleged that after having entered into an agreement and making the plaintiff to pay a hefty amount of Rs. 25 lacs in favour of defendant No. 3, the defendants have unilaterally without any rhyme or reason permitted coca cola company to set up the stalls for the purpose of serving and selling coca cola at different venues in the stadium itself. It is contended that this was in total breach of the agreement which was entered into by the defendants with the plaintiff and accordingly has prayed for a prohibitory ad interim injunction order restraining the defendants from giving permission to anybody else or Coca Cola to put up a stall and to sell the beverages in the stadium. It has also been averred that though the tournament started on 28.2.2010 but as the tournament will last for another 4 to 5 days then at least for this period, the defendants be restrained from permitting Coca Cola to set up the stalls and sell the beverages/cold drinks manufactured by them.