OM PARKASH Vs. TERRITORY MANAGER

JUDGEMENT

(1.) THIS revision petition has been filed against order dated 26.2.2005 passed by the learned Additional District Judge, Bhiwani vide which the appeal against the order passed by the learned Civil Judge (Junior Division), Charkhi Dadri, District Bhiwani was dismissed.

(2.) LEARNED courts below had dismissed the application for mandatory injunction filed by the petitioner vide which directions were sought by the plaintiff- petitioner against the defendants to continue the supply of petroleum to M/s Chaudhary Filling Station, Bond Kalan. The petitioners are the partners of M/s Chaudhary Filling Station which was given dealership of petroleum under the Freedom Fighter Category. Earlier the said Filling Station was being run by the father of the petitioners. After his death they executed the partnership with Raj Kumar, respondent No. 3, who was given 49 per cent share in the partnership deed. The case of the plaintiffs was that it had deposited a sum of Rs. 3,20,000/- as per the terms and conditions of the agency but the supply of petroleum was stopped, in view of the complaint made by respondent No. 3.

(3.) IT was submitted by plaintiff petitioner that respondent No. 3 had played a mischief and on the said basis the supply of petrol was stopped. It was also claimed that there was no likelihood of explosion in the petrol pump. It was also stated that the allegations made by respondent No. 3 were mala fide and the supply could not be stopped at the instance of one partner i.e. respondent No. 3 in the absence of any evidence with respect to the allegations made by him in his complaint.