KRISHNA KUMAR AGARWAL Vs. KAMAL TIBREWALA

JUDGEMENT

(1.) Heard Mr. S.K.Singh, the learned counsel appearing on behalf of the petitioner. Also heard Mr. G.N. Sahewalla learned Senior Counsel assisted by Mr. M. Sahewalla, the learned counsel appearing on behalf of the respondents.

(2.) This is an application under Article 227 of the Constitution of India challenging the judgment and order dtd. 26/3/2021 passed in Misc. Appeal No.1/2021 whereby the ad-interim ex-parte order dtd. 4/2/2021 passed in Misc.(J) Case No. 12/2021 arising out of Title Suit No. 19/2021 by the Munsiff No. 1, Sonitpur, Tezpur was interfered with.

(3.) The brief facts of the instant case is that the petitioner herein was permitted to run a petrol pump in the name and style of M/s Agarwalla Barua and Co. on the basis of an irrecoverable General Power of Attorney dtd. 18/11/2016 executed by the respondent herein, who was the proprietor of the said petrol pump M/s Agarwalla Barua and Co. The period which was mentioned in the irrecoverable General Power of Attorney was 5 years but as per the date mentioned therein, the period of the validity of the Powers of Attorney was from 31/1/2017 to 31/3/2020. Certain disputes arose between the petitioner and the respondent for which a suit was filed seeking various declarations and for permanent injunction. The said suit was registered and numbered as Title Suit No. 26/2020. Along with the said suit an injunction application was also filed, which was registered and numbered as Misc. (J) Case No. 27/2020, wherein an order of ad-interim temporary injunction was sought directing the opposite party therein (the respondent herein), his men, agents; disturbing the peaceful possession in the management and supervision of the filling station and from making earning therefrom etc till the expiry of the irrecoverable General Power of Attorney dtd. 18/11/2016 and thereafter till the accounts between the parties are settled and the money in full paid to the petitioner and to the creditor from whom the loan has been obtained. It is an admitted fact that the Trial Court did not grant any injunction in the said injunction petition registered and numbered as Misc. (J) Case No. 27/2020.