YOGESH TRACTORS Vs. ESHMA TRACTORS

JUDGEMENT

(1.) The facts of the case are that plaintiff, now respondent had filed a suit for permanent injunction restraining defendant No. 1, now petitioner in any way from taking the delivery of tractors from any other dealer or stockiest unless and until defendant No. 1 clears the account of the plaintiff;

(2.) In that suit, an application under Order 39 Rule 1 & 2 CPC was filed, which was dismissed by the trial Court. On an appeal having been filed, same was allowed by Additional District Judge vide impugned judgment dated 9.1.2007. Vide that judgment, defendant No. 1 i.e present petitioner was restrained from taking the delivery of Tractors from defendant No. 3 or other stockists directly unless the entire disputed amount of Rs. 3,47,418/- with interest @ 18% per annum as given in the schedule with effect from the date of undertaking i.e 24.1.2002 was paid to the plaintiff. A direction to defendant No. 3 was also issued to obey this order being mediator of the plaintiff and defendant No. 1.

(3.) On behalf of the petitioner, it is argued that if there was any amount due to the plaintiff then suit for recovery should only be filed. Present suit was barred under Section 41 Clause (h) of the Specific Relief Act.