LAWS(UTN)-2011-7-59

ALLIED PHOTOGRAPHICS INDIA LTD Vs. UMAKANT SHUKLA

Decided On July 11, 2011
Allied Photographics India Ltd. Appellant
V/S
Umakant Shukla and two Ors. Respondents

JUDGEMENT

(1.) HEARD Ms. Menka Tripathi, Advocate for Appellant and Mr. Arvind Vashist, Advocate for Respondents.

(2.) THIS appeal has been preferred against the judgment and order dated 23 -03 -2009, passed by 3rd Additional Civil Judge (Senior Division), Dehradun, in O.S. No. 435 of 2008, M/S Allied Photographics v. Smt. Umakant Shukla and others, whereby the application moved by Plaintiff for grant of temporary injunction 6 -C/2 was rejected.

(3.) THE Defendant No. 1 did not file any objection. However Defendant No. 2 filed W.S. and denied the averments of the plaint. He alleged that UPSIDC has executed lease deed in favour of Defendant No. 2 and Defendant No. 3, also cancelled the lease deed dated 16.12.2006 executed in favour of Plaintiff. Defendant No. 2 also alleged that he is in possession of land and the Defendant No. 1 is in possession of the land in the capacity of a lessee. The allegation of Defendant No. 2 is that Defendant No. 1 is the employee of the Plaintiff company and he is representative of the company and the Defendant No. 2 has no concern with the differences between the Plaintiff and its representative Defendant No. 1.