A.RAGHUVIR, P.KODANDA RAMAYYA
GOLDEN WINE AGENCIES, NARAYANGUDA, HYDERABAD, THROUGH ITS MANAGING PARTNER R. K. GUPTA – Appellant
Versus
VENEDELA DISTILLERIES (P) LTD, NARAYANAGUDA, HYDERABAD – Respondent
( 1 ) THIS appeal is filed against an order refusing to grant a temporary injunction under Or. 39; Rule 2 C. P. C restraining the defendant from committing breach of an agreement dated 28-3-1983.
( 2 ) THE appellant-plaintiff filed a suit for specific performance of an agreement to sell what is called telugu Prince Beer to be manufactured by the defendant. The plaintiff agreed to be the sole distributor of this product of the defendant and agreed to purchase the same at Rs. 260/- per case of four dozens ex-factory. The defendant contrary to the said agreement increased the price at Rs. 272/- and withheld supplying the goods and thus the plaintiff suffered a loss of one lakh for the relevant period and hence the suit was filed for specific performance of the agreement directing the defendant to supply the Telugu Prince Beer to the plaintiff at the rate and quality agreed to according to the requisition of the plaintiff and also for damages and costs. Pending the suit the plaintiff sought temporary injunction under Or. 39, Rule 2 C. P. C. restraining the defendant from committing the breach of the agreement dated 28-3-83 by directing the defendant to supply to
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