AMIT KUMAR RATHI Vs. KISAN SEWA KENDRA

JUDGEMENT

(1.) Appeal from order under Order 43 Rule 1(r) of Code of Civil Procedure is directed against the order dated 28.01.2015, passed by Civil Judge (Sr. Div.), Laksar, District Haridwar, in O.S. no. 64 of 2014, Kisan Sewa Kendra vs Amit Kumar Rathi and others, whereby the ad interim injunction application filed by the respondent / plaintiff has been allowed.

(2.) Brief facts of the case are that respondent no. 2 Hindustan Petroleum Corporation Ltd., Dehradun (for brevity hereinafter referred to HPCL ) invited applications from the interested persons to open retail outlet of petroleum products on National Highway no. 334A, known as Purkaji-Laksar Highway, in Village Buddhakhera, Pargana Jwalapur, Tehsil Laksar, District Haridwar. The appellant applied for the retail outlet of HPCL. The application submitted by the appellant was considered and after completing all the necessary formalities, HPCL granted the permission in favour of the appellant to open the retail outlet of the petroleum products.

(3.) Respondent no. 1 / plaintiff filed a suit for prohibitory injunction, being O.S. no. 64 of 2014, Kisan Sewa Kendra vs Amit Kumar Rathi and others, stating therein, that the plaintiff is running a retail outlet of Indian Oil Corporation situated on land khasra no. 64, measuring 0.365 Hectare in village Pundarpur @ Pipli, Pargana Jwalapur, Tehsil Laksar, District Haridwar and contended that the permission has been granted to the appellant / defendant by respondent no. 2 within 1000 meters from the retail outlet of the plaintiff. Hence, the respondent no. 1 / plaintiff prayed for a relief of prohibitory injunction restraining the defendant not to install his retail outlet within 1000 meters from the retail outlet of the plaintiff.