SURBIR SINGH LOGNANI Vs. SURESH SETH

JUDGEMENT

(1.) THIS is a defendant appeal against ad-interim order of the Id. Addl. District Judge, Delhi dated 13 December, 1990, on their being restrained from interfering in any manner in the newly constituted business of the plaintiffs.

(2.) THE two plaintiffs and the two defendants entered into a partnership styled as M/s. Seth Lognani Jewellers vide deed dated 2 November, 1990. Alleging that the said partnership was dissolved by mutual consent on 6 November, 1990; the defendants were paid Rs. 5 lakhs and a receipt for Rs. 5 lakhs was issued by the defendants of 6 November 1990, in full and final settlement of all their claims against the firm and surrender of the business premises No. 1384, S.B. Sarafa Market, Chandni Chowk, Delhi by defendants, the plaintiffs filed a suit for perpetual injunction against the defendants on the plea that the defendants were wilfully obstructing them in their new business which they were now carrying on under the name and style of M/s. Mani Jewellers along with a new partner. THE plaintiffs, thus, prayed for a decree for perpetual injunction in their favour and against the defendants restraining the defendants, their servants, assigns and representatives from entering in the said business premises. An application under Order 39 Rules 1 & 2 of the Code of Civil Procedure (for short the 'Code') was also filed for ad interim injunction against the defendants.