RANI GOLDI Vs. TERRITORY MANAGER

JUDGEMENT

(1.) Heard Sri Sumit Daga, learned Counsel for the appellants and Sri S.N. Srivastava, learned Counsel for the respondents. The present appeal has been filed against the order dated 22nd of February, 2012 passed in Original Suit No. 425 of 2009, Smt. Rani Coldi and another v. Territory Manager (Retail), Bharat Petroleum Corporation Limited and another, whereby the Court below has rejected the plaint under Order VII, Rule 11 of the C.P.C. holding that the suit for injunction is not maintainable. The background facts may be noted in brief.

(2.) The appellants herein are running a petroleum pump granted by Bharat Petroleum Corporation Limited at Bareilly, under a contract dated 31st of March, 2005. The said contract was terminated by the order dated 25th of June, 2009. Initially, the appellants herein challenged the said order dated 25th of June, 2009 by filing a writ petition before this Court but they were relegated to Civil Court for redressal of their grievances. Consequently, the appellants herein instituted Original Suit No. 425 of 2009 claiming a decree for declaration and permanent injunction. They claimed that the order dated 25th of June, 2009 cancelling the license of the appellants be declared to be null and void. They also claimed a decree for permanent injunction for direction to the defendants to restore the supply of the products to the plaintiffs. The defendants raised a plea that such a suit is not maintainable and the only remedy to the plaintiffs is to claim damages.

(3.) The Trial Court examined the matter and held that the suit is barred by Order VII, Rule 11 of the C.P.C. read with section 34 of the Specific Relief Act, 1963.