ARUN SABHARWAL Vs. ANIL SABHARWAL & ORS.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 6.4.2009 passed by the learned courts below vide which application moved by the petitioner under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short the Code) seeking injunction against the defendant/respondents from transacting the business in the area assigned to the plaintiff/petitioner has been dismissed.

(2.) THE case set up by the plaintiff/petitioner was that in pursuance to the memorandum of understanding entered into between the parties which was reduced into writing on 6.9.2005 Annexure P.7, the defendants are left with no right to transact the business in the area allotted to the plaintiff/petitioner.

(3.) ONE of the factors which weighed with the learned courts below was, that prior to the filing of the present suit the plaintiffs had filed a suit in the Hon'ble High Court of Delhi wherein the counsel for the plaintiff/petitioner made the following statement : -