( 1 ) IN the suit for the relief of perpetual injunction, seeking the restraint of the defendants from engaging or entering into or agree to enter into any business/commercial arrangement with any other person in India or outside for carrying on commercial activities in India, directly or indirectly, in the field of computer software till July, 1997 and also for a perpetual injunction from carrying on business of computer softwares in India for a period of two years after the expiry of the present contract i. e. w. e. f. July,1995 to July,1997 and for a mandatory injunction directing the defendants to fulfil and comply with their commitments made in the joint venture agreement dated 5. 5. 1994, the plaintiff, by IA No. 1211/95 prays for ad-interim injunction in identical terms pending hearing and disposal of the suit. By IA 3080/95, under Rule 4 of Order 39 CPC, the defendants pray for vacation of the ex parte injunction.

( 2 ). It is not in dispute that the plaintiffand defendantsentered into agreement dated 5. 5. 1994 for the Joint Venture Business thereby deciding to jointly work towards programming and development of the computers software in India for the Inter