( 1 ) THE plaintiff, which is country s ace institution for Technical Education, has approached this court through this suit for restraining the defendants, who are involved in union activities and their office bearers, associates, servants, agents from holding any agitation, demonstration or "dharna in any manner whatsoever within the radius of 200 meters from the main entrance of the campus of the IIT Delhi at Hauz Khas, Mew delhi , a premier Institute of the country and also from gheraoing any of its officers, causing any wrongful restraint, nuisance or annoyance of any of the employees of the defedants, intimidating or preventing or obstructing their access to and ingress and egress from the said premises of the. Institute and from causing any obstruction or disturbance in any. manner whatsoever in the conduct of classes, sessions in the laboratories and departments.

( 2 ) HOWEVER the defendants have challenged the very maintainability of the suit as according to them the suit is malafide as on 16/9/1999 they had informed the Director of the plaintiff Institute during the discussions that the mass Dharna" scheduled for 20/9/1999 would not be held, but the Unio