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2001 Supreme(Mad) 323

PRABHA SRIDEVAN
The General Manager, I. B. P. Co. Ltd. – Appellant
Versus
Tmt. Jayanthi Selvarajan Proprietrix Kavitha Agencies, Dealer I. B. P. , Co. , Ltd. – Respondent


Advocates Appeared:
For the Appellants:Vijay Narayanan, Advocate.
For the Respondent:R. Muthukumarasami, Advocate.

Judgment :-

1. The petitioner is aggrieved by the order of staying the termination order dated 23.02.2000. The respondent filed O.S. No. 5086 of 2000 for declaration that the termination order dated 23-02-2000 is null and void and for a mandatory injunction to restore the supply of petroleum. Pending suit two petitions were filed, I.A. No. 13036 and 13037 of 2000. The former was for stay of the termination order and the latter was for ad-interim mandatory injunction to restore supply. The learned VII Assistant City Civil Judge allowed both the petitions. Against I.A. No. 13037 of 2000 which is for a mandatory injunction, C.M.A. No. 193 of 2000 was filed and against I.A. No. 13036 of 2000 which is for stay C.M.A. No. 194 of 2000 was filed. The learned IV Additional City Civil Judge disposed of both the appeals by a common judgment. He came to the conclusion that I.A. No. 13036 of 2000 which was for stay deserved to be allowed and as regards I.A. No. 13037 of 2000, the learned Judge came to the conclusion that the respondent herein was not entitled to a mandatory injunction and therefore, set aside the order of the trial Court. The petitioner before this Court is the party aggrieved b












































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