LAWS(DLH)-2007-7-381

I S TRADING COMPANY Vs. HINDUSTAN TIMES LTD

Decided On July 16, 2007
I S TRADING COMPANY Appellant
V/S
HINDUSTAN TIMES LTD Respondents

JUDGEMENT

(1.) The present appeal is directed against the order dated 25th May, 2007 whereby a prayer for ad interim injunction of the appellant/plaintiff was rejected by the learned Single Judge. However, it may be noted that application for interim injunction is still pending.

(2.) In this appeal, while issuing notice on 15th June, 2007 an order was passed directing maintenance of status quo in respect of the scrap and removal of the same from the premises of the respondent/defendant.

(3.) A contract was entered into between the appellant and the respondent for removal of the scrap on "as is where is basis" lying in the basement and ground floor of the respondent's premises for Rs.44 lacs. An amount of Rs.19.5 lacs was paid by the appellant to the respondent as a part payment of the contract.