RAJDOOT GUEST HOUSE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional District Judge, Ludhiana, dated 25.2.1989. whereby the ad interm injunction granted by the Trial Court vide order date 17.12.1988, was set aside.

(2.) The plaintiff M/s Rajdoot Guest House, filed the suit for the grant of the mandatory injunction directing the defendants to release 300 cases of country liquor imported against permit No. 24/88-89 dated 12.9.1988, valid up to 30.9.1988, by the plaintiff against valid transport pass from M/s Patiala Distillers and Manufactures, Pvt. Ltd, Maim District Patiala, which has been illegally and without jurisdiction apprehended by the Excise and Taxation Officer, Ludhiana, from truck No. PUV-5245 on its way from Patiala to Dharampur. Along with the suit, he also filed an application for the grant of the interim mandatory injunction, which was granted by the trial Court with following observations:-

(3.) At the time of the motion hearing, it was submitted on behalf of the plaintiff-petitioner that no criminal case had been registered against it under the Punjab Excise Act or under any other statute, That being so, the defendants were not entitled to retain the goods with them as the same could not be the case property of any case registered against it. According to the learned counsel, the view taken by the trial Court in this behalf was perfectly valid, but the same has been reversed in appeal arbitrarily on surmises and conjectures. Moreover, the interest of the State were amply safeguarded by the trial Court by imposing the conditions on the plaintiff that he will furnish security and undertaking that he will pay Rs. 80,000/- to the respondents, if ultimately, his suit fails in the Civil Court.