( 1 ) THIS appeal is directed against the judgment and order passed by the learned 2nd Civil Judge, (Sr. Divn.)at Alipore in Title Suit No. 73 of 1998, being Order No. 9 dated 21. 11. 1998 whereby the learned 2nd Civil Judge, (Sr. Divn) has allowed the application for temporary injunction filed by the plaintiff/respondent herein on contest against the defendant No. I/appellant without any costs and made ad interim order of injunction dated 10. 11. 1998 absolute till the disposal of the suit. By the ad-interim order as also by the order under appeal the appellant has been restrained from starting booking of Matiz cars for sale without allotting cars in favour of the plaintiff. By the said order the learned 2nd Civil Judge, (Sr. Divn.) also dismissed the application filed by the defendant no. I/appellant seeking vacation of the ad-interim order. For the purpose of disposing of the appeal, which was by consent of the parties treated as on the day's list and heard along with the application for stay, it is necessary to set out the facts in short : -on 18 7. 1997. the Letter of Intent was issued by the appellant/defendant No. 1. On 7. 8. 1997, there were minutes o