ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJESH HARILAL SHAH

JUDGEMENT

(1.) Rule. Service of rule is waived by Mr. N. V. Anjaria for the respondent.

(2.) By this revision under Section 115 of the Code of Civil Procedure, 1908 (Code), the petitioners original defendants have questioned the judgment and order dated 17.6.96 recorded by the Extra Assistant Judge, Bhuj, Kutch in Civil Miscellaneous Appeal No. 62 of 1996 whereby the order passed below Ex. 5 in Regular Civil Suit No. 80/96 by the Civil Judge (J. D.), Bhuj, Kutch, came to be quashed.

(3.) The petitioner No. 1 is an Insurance Company registered under the Companies Act, 1956 and is an acquiring company as defined under the General Insurance Business (Nationalisation) Act, 1972 and is covered and governed under the provisions of the said Act. Petitioner No. 2 the Branch Manager of the petitioner No. 1 Company at New Station Road, Bhuj, Kutch. The respondent herein is the original plaintiff who instituted the above suit for declaration and perpetual injunction against the petitioners. The respondent-plaintiff contended that the petitioners are not entitled to close down the branch office in Bhuj and sought a declaration that the action of the petitioners in closing down the said Branch of the Insurance Company after issuing a policy is illegal and unjust and against the principles of natural justice and mala fide. The respondent also sought perpetual injunction restraining the petitioners from closing down the Branch of the Insurance Company at Bhuj. The respondent original plaintiff by giving application Ex.5 applied for interlocutory injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code.