DINESH CHANDRA JAISWAL Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) Heard Sri P.C. Kandpal for the petitioners and Sri N. C. Gupta and Sri S. S. Adhikari for the respondent State.

(2.) The aforesaid three writ petitions have been filed against the order refusing to grant injunction by both the Courts-below. The brief facts giving rise to the aforesaid petitions are that the petitioners are running a small scale industries at Vikas Nagar, Dehradun and they have installed a woodcutter machine of 3 H.P. for the last 10 years. They have alleged that their industries were registered on 3rd of October 2001. According to the petitioners when they started the business there was no such restrictions and, as such, he has prayed for permanent injunction restraining the respondents not to interfere in the business of the petitioners in respect of three-horse power cutter machine.

(3.) During the pendency of the suit applications for interim injunction under Order XXXIX. Rule 1 CPC were also filed in all the suits. The trial Court on the application of the petitioners passed the order on 7th of October 2002 rejecting the applications. The injunction has been refused on the ground that the petitioners have no cause of action to file the suit or claiming the injunction in as much as at present they have no license and, as such, no injunction can be grated.