MUHAMMAD ZIAUL HAQUE Vs. STANDARD VACUUM OIL COMPANY

JUDGEMENT

(1.) This is an application by the Plaintiff for the grant of an injunction against the Defendant, its servants and agents, from taking possession of, and or interfering with the possession of the Plaintiff and or from interfering with the Plaintiff's business and or cancelling the license granted to the Plaintiff, pending the disposal of the suit, The application was moved ex parts before Guha, J., during the vacation and an interim injunction was obtained on October 14, 1950 On October 28, 1950, an application was made by the Defendant for an order vacating the injunction. Both these applications have come up before me one after the other and may be disposed of at the same time.

(2.) The facts are briefly as follows:

(3.) On or about September 25, 1950, the Defendant gave notice to the Plaintiff, terminating both the dealership agreement as well as the license. This was sent under registered post but was returned with the remark "left", although the Plaintiff was carrying on business at the premises and was accepting other letters. A copy of the notice was also sent to the appropriate authority under the West Bengal Motor Spirit Sales Tax Act. It is stated by Mr. Carey, the District Sales Manager of the Defendant, that on October 9, 1850, the Plaintiff called at his office and saw him when he was informed about the above facts and was requested to accept the notice, but the Plaintiff refused. On October 10, 1950, a fresh notice was sent by registered post as also by ordinary post. This notice was received, as it appears, on October 14, 1950.