JIVRAJ TEA LIMITED Vs. RIDDHI TEXTILES

JUDGEMENT

(1.) This Appeal arises from the Order passed by the 9th Additional Senior Civil Judge, Surat dated 30.11.2017 below Exh. 5 in Regular Civil Suit No. 477 of 2010. It is filed by the plaintiff.

(2.) Mr. Vakil, learned advocate for the appellant has submitted that, in the suit for specific performance of the agreement to sale, the injunction as prayed for, ought to have been granted by the Trial Court. It is submitted that rejection of the said application is erroneous and the same needs to be interfered with. Attention of the Court is invited to the contents of the written statement of the defendant (Para-14 thereof) to contend that, the said stand of the defendant should have weighed in favour of the plaintiff, in view of the decision of the Supreme Court of India in the case of Aloka Bose Vs. Parmatma Devi and others reported in (2009) 2 SCC 582. It is submitted that the reasons recorded by the Trial Court to reject the injunction application are unsustainable. It is submitted that the injunction as prayed for, ought to have been granted. It is submitted that this appeal be entertained.

(3.) Learned advocate for the appellant has also submitted that, the notice of this Court dated 11.12.2017 was attempted to be served on the respondents, however the same has remained unserved, except respondent No.3, who has refused. Affidavit to that effect is also filed. Reference is also made to the contents of the affidavit of service dated 30.12.2017. It is submitted that this additional factor be also taken into consideration.