GEM PLASTIC INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) .

(2.) GEM Plastice Industries, the applicants herein, have filed the present application under Section 41 read with Schedule 2 of the Arbitration Act and Order 39. rules 1 and 2 read with Section 151 of the Code of Civil Procedure for an ad interim injunction against the non-applicant respondents restraining them from recovering/withholding/appropriating/adjusting and/or in any manner giving effect to their illegal threat contained in their letter dated March 5. 1975 and/or enforcing the illegal recovery of Rs. 75,530 as contained in their letters, in any manner whatsoever.

(3.) . It will be noticed that the learned Judges of this Court have been passing ad interim orders in view of the decision of Avadh Behari. J. in M/s. Air Foam Industries Pvt. L.td. v. Union of India: A.I.R. 1973 Delhi 253(3) as confirmed in appeal by the Supreme Court in AIR 1974 Supreme Court 1265 (supra) (1)