M A MAJID Vs. SEARLE INDIA LTD

JUDGEMENT

(1.) THE applicant filed the suit C. S. No. 92 of 1997 on the file of this court, seeking a decree, directing the respondent herein to continue the clearing and forwarding agency of the applicant as per the agreement dated 11. 11. 1986, renewed and confirmed by letter dated 12. 4. 1994.

(2.) ALONG with the plaint, he also filed an application o. A. No. 98 of 1997 seeking an order of interim injunction restraining the respondent or their men from in any manner acting upon the termination letter dated 18. 1. 97, either by discontinuing the contract or by awarding the same to any other third party pending disposal of the main suit.

(3.) I carefully considered the contention of both the counsel. In the contempt application this court has to consider whether the order of this Court has been contravened or disobeyed by the respondents. The undisputed facts are:- (i) By order dated 25. 2. 97 this Court has granted interim injunction for a period of two weeks, restraining the respondents from in any manner acting upon the termination letter dated 18. 1. 97, either by discontinuing the contract or by awarding the same to any other third party. (ii) The said order of interim injunction had been directed to continue for a further period of one week on 11. 3. 97. On 13. 3. 97 the application was heard and the orders were reserved. (iii) The orders were pronounced on 31. 3. 97. The respondents had despatched the stocks by themselves in between 18. 3. 97 and 31. 3. 97.