JYOSBANTA NARAYAN DIXIT Vs. EXECUTIVE ENGINEER BHADRAK

JUDGEMENT

(1.) THE Plaintiff -Appellant being aggrieved by the order dated October 17, 2001 refusing to grant ad interim injunction by the learned Civil Judge Senior Division. Bhadrak in Misc. Case No. 329 of 2001, has filed this Misc. Appeal under Order 43, Rule 1(r) of the Code of Civil Procedure.

(2.) BEREFT of all unnecessary details, the short fact which are necessary for adjudication, are as follows:

(3.) THE trial Court relying upon the letters said to have been issued by the Plaintiff on 10.11.98, 8.10.98 and 20.10.98 observed that the Plaintiff has agreed to pay the amount claimed. The trial Court also took exception to the fact that nether in the plaint nor in the petition for injunction, there is any averment regarding the aforesaid correspondences and the same amounts to suppression of vital facts and that the Plaintiff has not come to the Court with dean hands and is therefore, not entitled to any equitable relief. It was also field that the balance of convenience does not lean in favour of the Plaintiff -Petitioner, in View of his admission to pay the amounts to the opp. Party and that there will be no irreparable injury if the electricity supply is disconnected inasmuch as the Petitioner can be compensated with costs if he succeeds in the suit.