BHARAT NATH Vs. SURYAKANTA JAYPURIA

JUDGEMENT

(1.) THIS appeal is against the order dated 4.10.2012 passed by the learned Civil Judge (Senior Division), Jagatsinghpur in I.A. No.28 of 2010 arising out of C.S. No.23 of 2010 dismissing the plaintiff - petitioner's petition under Order 39 Rules 1 and 2 read with Section 151 of the C.P.C.

(2.) THE appellant is the plaintiff -petitioner and the Respondent is the Respondent No.1 -opposite party before the learned lower court.

(3.) THE Respondent -opposite party's stand is that the suit as well as the I.A. is not maintainable in the eye of law and the Appellant has no cause of action to file the suit. There is no business link between the Appellant -Bharat Nath and the Respondent. However, it is admitted that M/s. Babamani Agency was the distributor of the products of M/s. Tripty Drinks Pvt. Ltd. The distributorship has duly been terminated on 01.02.2010. Since the appellant is not the distributor of the Respondent, there is no question of supply of the products to the appellant during pendency of the suit. It is also contended that no case is made out that the appellant would suffer irreparable loss if the interim injunction is not granted in his favour.