GOPALA KRISHNA TAMADA, J.

( 1 ) THE point that falls for consideration in this appeal is as to whether an appeal against an ad interim injunction granted under order 39, Rule 1 C. P. C is maintainable and order 43, Rule l (r) C. P. C. , is applicable.

( 2 ) AS it has a general importance this court has given its anxious consideration in disposing of this appeal.

( 3 ) THE appellant is the 4th defendant and Respondents-2 to 5 are Defendants-1 to 3 and 5 and 1 st respondent is the plaintiff in the suit. The parties will be referred to as they are arrayed in the suit for the sake of convenience.

( 4 ) ORIGINALLY, the plaintiff herein instituted the suit being O. S. 88 of 2004 and along with the suit, he filed LA. No. 620 of 2004 and on hearing the learned Counsel for the plaintiff, the Court below while ordering notice to the defendants, granted ad interim injunction. Aggrieved by the same, the present appeal has been preferred by the 4th defendant.

( 5 ) THE facts in brief are that the 1st defendant being Welch Allyn Inc. is a very old and reputed company manufacturing several-patented life saving medical equipment and it is based in Syracuse of state of New Yark, U. S. A. While so, the plaintiff represented by Mr. K. Bhaskara reddy approached the representative of the 3rd defendant company for distributorship in the entire South India, and a letter of appointment-dated 22. 3. 2003 was issued in favour of the plaintiff represented by mxx. Bhaskara Reddy. Pursuant to the said letter of appointment, the said Bhaskara reddy and his associates incorporated the plaintiff-company i. e. , Pigeon Medical devices Private Limited and got itself registered with Commercial Tax Department of the State and the Central. In between april 2003 and November, 2003, several business transactions have taken place in between plaintiff and Defendants 1 to 3. But, however, during the 2nd Week of november, 2003, Mr. Bhaskar Reddy in whose favour, the letter of appointment was given, has expressed his inability to continue the business, as he is immigrating to New zealand and further he is also suffering from a serious spinal problem. In view of the said letter addressed by Mr. Bhaskar reddy, the 3rd defendant, i. e. , Welch Allyn india expressed its shock about the intention of the plaintiff to close the business. Much correspondence has taken place between the plaintiff on one side and Defendants-1 and 2 on the other side and consequently, in view of recession of the contract by the plaintiff, the distributorship of the plaintiff was terminated with immediate effect and the 4th defendant was appointed as the distributor in its place and communicated the same to the 4th defendant and the plaintiff herein vide letter dated 2. 12. 2003. Be that as it may, the plaintiff company by its letter dated 4. 3. 2004 expressing ignorance of the 4th defendant s contract and also as if it is the sole distributor of Defendants-1 to 3, sought for a clarification as to whether messrs. Keimed Ltd of Madras, arrayed as 5th defendant is authorized to deal with one of the customers viz. , Messrs Appollo hospitals. The plaintiff was surprised to know through Messrs Appollo Hospitals that the 4th defendant is appointed as the sole distributor of the products of the Defendants 1 to 3. Hence, the plaintiff was constrained to file the above suit seeking perpetual injunction.

( 6 ) BASING on the material available on record, the Trial Court passed an ad interim injunction in favour of the plaintiff as prayed for. As against the said order, the petitioner who is arrayed as the 4th defendant before the Trial Court and against whom an ad interim injunction is ordered approached this Court and filed the present appeal.

( 7 ) A caveat was entered and on behalf of the caveator plaintiff, Mr. O. Manohar Reddy, the learned Counsel put in his appearance.

( 8 ) HEARD Mr. Ravindranath Reddy, the learned Counsel for the 4th defendant- petitioner and Mr. O. Manohar Reddy, the learned Counsel

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