KAPIL BHATIA Vs. DELHI EXPRESS TRAVELS PRIVATE LIMITED

JUDGEMENT

(1.) This Order will dispose of an application, filed on behalf of defendants, under Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'). The facts, relevant for the disposal of the above mentioned application, lie in a narrow compass. The plaintiffs have filed a suit for permanent injunction against the defendants, named above, praying that a decree for perpetual injunction be passed and the defendants be restrained by an injunction from breaching the agreement dated the 30th September, 1991 and removing the plaintiffs from the Board of defendant No. 1 until they have obtained necessary no objection certificate/released from the Banks/Airlines at which point of time the plaintiff would submit simultaneous resignation. It has also been prayed that the defendants be restrained from surrendering or parting with the possession of any of the four tenancy premises of the Company or transferring or encumbering the six real estates of the Company in any manner.

(2.) Alongwith the plaint, the plaintiffs have also filed an application ( IA 14891 / 91) under Order 39, Rules 1 and 2 read with Section 151, Civil Procedure Code seeking an ex-parte interim relief. The above said application alongwith the suit, came up for hearing before the learned predecessor of this Court for the first time on 13th December, 1991 and the learned predecessor of this Court vide order of even date was pleased to pass the following orders on the abovesaid application :

(3.) After hearing the learned Counsels for both the parties and also after taking into consideration the facts and circumstances of the case, the learned predecessor of this Court vide order dated the 9th May, 1994 finally disposed of the abovesaid application of the plaintiffs. The abovesaid order, passed by the learned predecessor of this Court on 9th May, 1994 finally disposing of plaintiff's application ( IA 14891/91) filed under Order 39, Rules I and 2 read with Section 151, CPC, reads as under: