ADHUNIK TECHNOLOGY PRIVATE LTD Vs. CARETEL INFOTECH LTD

JUDGEMENT

(1.) THIS appeal is at the instance of the defendant No. 1 in a suit for declaration and injunction and is directed against Order No. 6 dated 7th February, 2009, passed by the learned Trial Judge thereby extending the ad interim order of injunction earlier granted on 7th January, 2009 till the disposal of the application for temporary injunction. By the earlier order dated 7th january, 2009, the learned Trial Judge passed an ad interim order of injunction restraining the defendant No. 1 from interfering with, disturbing or in anyway affecting smooth functioning of the plaintiff's business. It was further ordered that the defendant No. 1 should not make any disturbance towards the business of the plaintiff in respect of the letter of intent dated 28th April, 2008 by and between the plaintiff and the Reliance BPO or terminate the same or not to act contrary thereto till 7th February, 2009.

(2.) IN the past, against order dated 7th January, 2009, the appellant came up before this Court by preferring a first miscellaneous appeal and at that time, such first miscellaneous appeal was disposed of by directing the learned Trial Judge not to extend the ad interim order on the next date fixed for hearing before considering the written objection that would be filed by the appellant before the Trial Court.

(3.) PURSUANT to the liberty granted by this Court in the earlier appeal, the appellant before us filed written objection to the application for temporary injunction and in such written objection, specific point was taken that the defendant No. 2 impleaded in the suit was a fictitious person and that in fact, the agreement between the parties was never executed at the address of the defendant No. 2, as given in the cause title of the plaint. It was further pointed out that the learned Trial Judge had no territorial jurisdiction to entertain the suit and as such, on that ground alone, the ad interim order of injunction should be vacated.