GENERAL MANAGER IBP CO LTD CHETPUT CHENNAI Vs. JAYANTHI SELVARAJAN LICENSEE PROPRIETRIX KAVITHA AGENCIES ATTUR

JUDGEMENT

(1.) THE Judgment of the Court was delivered by N.K.Jain, Actg.C.J.: This writ appeal has been filed against the interim order dated 3.4.2000 granting stay of further proceedings dated 23.2.2000 issued by the appellant, passed by a learned single Judge in W.M.P.No.5779 of 2000 and W.P.No.3750 of 2000.

(2.) LEARNED senior counsel for the appellant Mr.K.Chandru submits that as there is a breach of agreement dated 30.10.1986 between the appellant and the respondent and the learned single Judge has erred in granting stay more particularly when the writ petition itself is not maintainable as the contract being a non-statutory contract and suit is the only remedy. LEARNED senior counsel submits that admittedly the sample was found adulterated and not within the permissible limits. LEARNED senior counsel also submitted that while holding the writ petition maintainable, the learned single Judge has observed that the order is not a speaking order and the Marketing Discipline Guidelines have not been followed. It is submitted that allowing such persons to continue will also be against the interest of general public. He also submits that in an identical Division Bench decision in Union of India and others v. Sri Gayathri Agencies and others, W.A.Nos.521 to 527 of 2000, etc. dated 14.7.2000, this Court has vacated the stay granted earlier and disposed of the writ appeals accordingly.