LAWS(CAL)-2006-2-12

CONTROL PRINT INDIA LIMITED Vs. SANJAY SRIBASTAB

Decided On February 24, 2006
CONTROL PRINT (INDIA) LIMITED Appellant
V/S
SANJAY SRIBASTAB Respondents

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of the plaintiffs in a suit for permanent and mandatory injunction and recovery of damages and is directed against order No. 10 dated 29th October, 2005, passed by the learned Civil Judge, Senior Division, 7th Court, Alipore, in Title Suit No. 164 of 2005 thereby dismissing an application for temporary injunction filed by the plaintiff on the ground that it had failed to prove a prima facie case to go for trial and at the same time, the balance of convenience and inconvenience was also in favour of refusing the prayer for temporary injunction.

(2.) The appellants herein filed the aforesaid suit thereby claiming the following relief:

(3.) On the basis of the selfsame allegations, the appellant filed an application for temporary injunction thereby praying for respondents from acting in express breach of confidence contained in Service Contract and also from carrying on business directly or indirectly for sale and marketing of InkJet printers and consumables and parts thereof as well as servicing of the same.