JUDGMENT (Dr. ARIJIT PASAYAT)

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court disposing of appeal (FAFO No. 1339-D of 2007) which was preferred by the appellant against the order dated 31.8.2007 passed by learned Judge of Small Causes Court/Civil Judge (Senior Division) Agra, in Suit No. 285 of 2007. By the said order the application for interim mandatory injunction was disposed of with certain directions.

3. Background facts as projected by the appellant giving rise to the appeal in a nutshell are as follows:

On 17.9.1996 an agreement was entered into between the appellant and the respondent for supply of gas. The agreement was valid upto 31.3.2002 and was further extended from time to time upto 31.3.2006. On 3.12.2004 officials of the appellant inspected the factory premises of the respondent and found that gas supply has been tampered with. Similar incidents were noticed on 15.1.2005 and 17.3.2005. Therefore on 28.5.2005 gas supply was discontinued.

4. The Respondent filed writ petition No. 44679 of 2005 before the Allahabad High Court. By order dated 18.7.2005 the High Court dismissed the writ petition on the grou