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2019 Supreme(Kar) 1997

SREENIVAS HARISH KUMAR
Hindustan Aeronautics Employees Association – Appellant
Versus
Hindustan Aeronautics Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. K.Subba Rao, Senior Advocate, for Sri K.N.Sateesh, Advocate
For the Respondent:Sri.S.S.Ramdas, Senior Advocate, for Sri Pradeep S Sawkar, Advocate

JUDGMENT :

The first appellant is a Trade Union, and the appellants 2 to 7 are its office bearers. The respondent i.e., Hindustan Aeronautics Limited has sued the appellants seeking the reliefs of permanent injunction, of various types, the main relief being to restrain the appellants from picketing, demonstrating, holding dharnas, gheroing officers and others and shouting slogans within a radius of 500 meters from the main gate of its several establishments described in the schedule to the plaint. Along with the plaint, the respondent made an application for temporary injunction on lines with the first relief of permanent injunction claimed in the plaint. The trial court granted an exparte order of temporary injunction. The appellant sought that order to be vacated by filing an application under Order 39 Rule 4 of Civil Procedure Code. Since, the trial court, by its order dated 29.11.2018, made the exparte order of temporary injunction absolute till disposal of suit and dismissed the appellants’ application filed under Order 39 Rule 4 of the CPC, this appeal is preferred.

2. It is better to refer to the parties with respect to the position they hold in the suit for the purpose of cl

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