MD SUHAIL Vs. AZTEC MINERAL EXPORTS PRIVATE LIMITED

JUDGEMENT

(1.) DESPITE notice was served upon the respondents repeatedly, no one appears on behalf of the respondents at the time when this appeal and the connected application were taken up for hearing. The respondent no.2 is the Director of the respondent no.1/Company. Three times service were effected upon the respondents, but still then, they remain unrepresented, even though they were informed that the appeal would be taken up for hearing on 10th June, 2015. Under such circumstances, we thought it fit to consider the appeal on merit ex parte against the respondents.

(2.) THIS first miscellaneous appeal is directed against an order of refusal to grant ad interim injunction passed by the learned Trial Judge. Though the learned Trial Judge found that the plaintiff has made out a prima facie case to go for trial, but still then, the learned court below refused to grant ad interim order of injunction as no document could be produced by the plaintiff to establish the personal guarantee allegedly given by the defendant no. 2 for securing the money claim of the plaintiff/appellant before the court below. Learned Trial Judge held that since the plaintiff has approached the court for ad interim injunction in 2015, even though the cause of action for such suit arose in August, 2011, the plaintiff/appellant is not entitled to get ad interim order of injunction.

(3.) ACCORDINGLY , the plaintiff's prayer for ad interim injunction was rejected. In this context, we have considered the pleadings made out by the plaintiff in the plaint as well as in the application for injunction. We find that despite receipt of full payment from the plaintiff, the defendants failed to supply the iron ore fines to the plaintiff as per the order placed by the plaintiff with the defendant -Company. The defendant -Company being unable to supply iron ore fines to the plaintiff issued cheque to the plaintiff for repayment, but the said cheque was dishonoured twice on tender for the reason of insufficient funds available in the defendants' account.