1. The petitioner is seeking interim injunction for restraining the respondent from selling the wax produced at its new plant namely HDPE/LLDPE Plant at its Petro Chemical Complex at Pata, U.P. to any third party. The petitioner is also seeking a direction to the respondent to supply the entire quantity of wax produced at its aforesaid plant to the petitioner according to the terms of the agreement dated 1st April, 1999.

2. Vide ex-parte order dated 25th February, 2013, this Court issued notice to the respondent and in the meantime, restrained the respondent from selling wax to the third party till the next date of hearing.

3. The respondent has filed I.A.No.3669/2013 under Order XXXIX Rule 4 of the Code of Civil Procedure for vacation of the ex-parte order dated 25th February, 2013.

4. The pleadings in OMP No.178/2013 and I.A.No.3669/2013 are complete. Both the parties have also filed brief note of submissions in terms of the order dated 17th April, 2013.

5. Brief Facts

5.1. On 1st April, 1999, the petitioner entered into an agreement with the respondent in which the respondent agreed to sell/supply the entire quantity of HDPE wax produced at its plant at its Petro Comm