LAWS(JHAR)-2009-11-179

KHASJAMDA MINING COMPANY Vs. SINGHBHUM MINERAL COMPANY,

Decided On November 27, 2009
KHASJAMDA MINING COMPANY Appellant
V/S
Singhbhum Mineral Company, with Respondents

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 14.5.2009, passed by learned Sub -Judge -I, Chaibasa in Title Suit No. 12 of 2008 rejecting the prayer of injunction made by the appellants (hereinafter referred as the plaintiffs).

(2.) THE learned trial court held that though the plaintiffs have got prima facie . case and the balance of convenience also lies in their favour but no irreparable loss or damages will be caused to them, which cannot be compensated in terms of money, if the injunction is refused. However, it was ordered that the respondents (hereinafter referred as the defendants), shall not enter into a contract for mining and lifting of minerals with any other party. I.A. No. 3265 of 2009:

(3.) MR . Vikash Agarwal, learned counsel appearing for the plaintiffs, supported the findings of the trial court given in favour of the plaintiffs and assailed the findings given against them.