UNITECH MACHINES LIMITED Vs. JAGATJIT INDUSTRIES LIMITED

JUDGEMENT

(1.) Along with suit plaintiff filed an application being I.A. 4828/87 under Order 39 Rules 1 & 2 read with Section 151 CPC, thereby praying for grant of temporary injunction.

(2.) Vide order dated August 25, 1987 notice was issued to defendants No. I and 2 and they were further restrained from terminating the agreement with plaintiff and from encashing the bank guarantee No. 4970/87. After service of stay granted by this court, defendant No. 1 filed an application being I.A. No. 4923 of 1987 under Order 39 Rule 4 CPC, thereby praying that the order of temporary injunction dated 26th August 1987 be vacated.

(3.) For better appreciation of the respective contentions of the learned counsel for the parties, it will be useful to refer to, in brief, the facts of the case.