VIRANDER KUMAR SACHDEVA Vs. PAWAN KUMAR

JUDGEMENT

(1.) This is plaintiff's revision petition against the judgment of the Additional District Judge affirming in appeal the judgment of the trial Court declining the plaintiff's application for ad-interim injunction and on the contrary ordering for appointment of Receiver during the pendency of the suit.

(2.) Briefly put, plaintiff filed a suit for permanent injunction restraining defendants from interfering and making obstructions in any way or in any manner whatsoever in the peaceful functioning and working of the plaintiff as Proprietor in the business of authorised distributorship of Liquified Petroleum Gas know as 'Indane' under the name and style of M/s Nangal Gas Service. Plaintiff filed an application under Order 39, Rules I and 2, C.P.C. for issuance of ad-interim injunction and the Court vide order dated 19.1.1995 granted the injunction claimed thereby restraining the defendant from interfering and making the obstructions in any manner in the peaceful functioning of the plaintiff in his business. According to the plaintiff the interim stay is still subsistent.

(3.) Defendant put in appearance, filed reply to the interim injunction application as well as filed application under Order 40, Rule 1, C.P.C. for appointment of Receiver. According to the defendants the plaintiff has filed this suit with a mala fide intention and by suppressing material facts. According to the defendants M/s Nangal Gas Service is a partnership concern and Vijay Kumar is a partner of the M Nangal Gas Service. As per agreement between the parties share of the plaintiff is 25% whereas other defendants have 75% share in this joint venture. Plaintiff in its reply denied the various assertions made by the defendants with regard to the partnership, their share in the gas agency etc.