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1985 Supreme(Del) 446

N.N.GOSWAMY, D.K.KAPUR
SARAL TRADING COMPANY – Appellant
Versus
MAHESH STEEL TRADERS, NEW DELHI – Respondent


Advocates Appeared:
Madan Bhada, R.S.NARULA, S.K.Kaul

D. K. KAPUR, J.

( 1 ) THESE two appeals (Nos. FAO (OS) 185/84 and 186/84) are directed against the interim injunctions granted in the two suits entitled M/s. Mahesh Steel Traders v. M/s. Saral Trading Co. etc. , and M/s. Mahesh Steel Tranders v. Sehru Mall Jagdish Rai and Sons. The injunctions were granted ex parte and then confirmed in both the suits, and the final judgment is common to both suits. So, a single common judgment will be sufficient to dispose of both these appeals.

( 2 ) THE interim injunctions were granted in the two suits which were for specific performance of an agreement to sell 165 metric tons of CRC sheets in Suit No. 1361/84 and 160 metric tons of CRC sheets in the other suit on payment of the balance price. The restraint order was for preventing the defendant from selling, alienating or disposing of the goods to any other party except the plaintiffs.

( 3 ) THE sheets in questions were imported from the German Democratic Republic under an import licence. According to the plaintiffs, the entire quantity of imported sheets was to be sold to them at the rate of Rs. 5,750. 00 per metric ton. The contract was entered into in April, 1984, and under the agreement, ce
















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