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1984 Supreme(Mad) 128

SATHIADEV
Arul Murugan Traders – Appellant
Versus
Rashtriya Chemicals and Fertilizers Limited and Another – Respondent


Advocates Appeared: S. Gopalaramam, M/s. King and Patridge.

Judgment :-

SATHIADEV J.

Petitioner is the plaintiff in O. S. No. 163 of 1982, on file of the Sub-Court, Gobichettipalayam. It filed the suit against respondents herein, for grant of a permanent injunction restraining them from recovering the sum of Rs. 85, 639.89 from the State Bank of India, Gobichettipalayam Branch, till they establish their claim against the plaintiff in a court of law. Pending disposal of the suit in I. A. No. 737 of 1982, it sought for grant of a temporary injunction under Order 39, rule 1 and section 151, CPC, restraining respondents from realising the said amount by enforcing the bank guarantee till the disposal of the suit. Courts below having rejected the relief, this civil revision petition is preferred. The plaintiff claimed as follows : The first defendant manufactures nitrogenous and other chemical fertilisers. The plaintiff was appointed as a dealer under exhibit B-25 dated September 25, 1980, for the sale and distribution of its products in certain territories of Tamil Nadu. As and when the plaintiff informs the second defendant specifying the requirements, allocation would be made by issue of delivery notes to the concerned warehouse, and, thereafte


























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