High Court cannot be a silent spectator when the person seeking order of injunction has approached the court with unclean hands.

The revision petitioner is the defendant in suit O.S.No.223 of 2003 on the file of the Sub Court, Namakkal laid by the respondent/plaintiff for a bare injunction to restrain the revision petitioner/defendant from proceeding with the auction notification inviting the tenders for labour contract to run the petrol bunk of the petitioner/ Cooperative Sugar Mill, on the basis that the respondent/plaintiff continues to be an agreement holder for running the petrol bunk of the revision petitioner/ Cooperative Sugar Mill.

2.1. Admittedly, the respondent was appointed as a Labour Contractor to run the petrol bunk of the revision petitioner/ Cooperative Sugar Mill for a period of one year from 1.6.2000 to 31.5.2001 as per the agreement entered into between the petitioner/defendant and the respondent/ plaintiff dated 2.6.2000. The said period of contract came to an end and the revision petitioner/defendant proposed to invite tenders for labour contract to run the petrol bunk of the petitioner/Cooperative Sugar Mill, by a notice dated 22.4.2001 and the respondent also submitted his tender on 3.5.2001, which clearly shows that his contract period came to an end on 31.5.2001. However, the petitioner/ Cooperative Sugar Mill without proceeding with the said notice came out with a fresh tender notification dated 27.6.2001.

2.2. The respondent challenged the notification dated 27.6.2001 before this Court in W.P.No.13201 of 2001 and obtained an interim stay of further proceedings of the auction notice dated 27.6.2001, pending disposal of the writ petition, which came to be finally dismissed on 25.2.2003 as infructuous taking note of the fact that the term of the respondent's contract already expired on 31.5.2001. Thus, the respondent, concededly, even without valid contract was able to run the petrol bunk from 1.6.2001 to February, 2003, when his writ petition was dismissed by this Court.

2.3. When the revision petitioner/Cooperative Sugar Mill, after the dismissal of the W.P.No.13201 of 2001 invited fresh tenders by notification dated 4.3.2003, published in the Dhina Thanthi, circulated in Namakkal District, the respondent laid O.S.No.223 of 2003 before the Sub Court, Namakkal, as referred to above, and also obtained an order of interim injunction in I.A.No.531 of 2003 on 10.3.2003.

2.4. Aggrieved by the said order of interim injunction dated 10.3.2003 in I.A.No.531 of 2003, the revision petitioner/cooperative sugar mill had filed C.R.P.No.1104 of 2003, wherein this Court passed the following order in C.M.P.No.7583 of 2003 in C.R.P.No.1104 of 2003 on 23.6.2003:

"... 2. In the meanwhile, the learned Subordinate Judge, Namakkal is directed to dispose of I.A.No.531 of 2003 filed by the respondent for interim injunction and I.A.No.640 of 2003 filed by the petitioner for vacating the order of injunction granted on 10.3.2003, of course after giving notice to the counsel for both the parties, as the pendency of the above applications has got serious financial implications on the income of the revision petitioner. The learned Subordinate Judge, Namakkal shall take into consideration that the license granted to the respondent expired on 31.5.2001 itself and thereafter, the same was not renewed in the manner known to law; and that a writ petition, viz., W.P.No.13201 of 2001 was also filed by the respondent herein challenging the tender notice dated 27.6.2001 inviting tenders for contract labour for running the petrol bunk in the petition premises and the same was withdrawn by the respondent herein by making an endorsement to the effect that the writ petition had become infructuous as recorded in the order dated 25.3.2003 in W.P.No.13201 of 2001."

2.5. In the order dated 23.6.2003 in C.M.P.No.7583 of 2003 in C.R.P.No.1104 of 2003, this Court directed the learned Subordinate Judge, Namakkal, in clear terms that he shall take into consideration that the licence granted to the respondent therein expired on 31.5.2001 itself and thereafter, the same w