Fmi Limited vs Annapurna Food Association

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 425

FATEH DEEP SINGH
Fmi Limited – Appellant
Versus
Annapurna Food Association – Respondent

Advocates Appeared:
Mr. Namit Gautam, Advocate; for the Petitioner.; Mr. Manuj Nagrath, Advocate; for the Respondent.

JUDGMENT

Fateh Deep Singh, J. (Oral) - In a civil suit for mandatory injunction etc. preferred by the plaintiff FMI Limited, GT, Road, Doraha, Ludhiana respondent/present petitioner and Annapurna Food Association now respondent then plaintiff, the Court of Civil Judge, Junior Division, Ludhiana vide impugned order dated 20.09.2018 dismissed the application under Order 7 Rule 11 CPC forrejection of the plaint. This is how the instant revision has come about.

2. Heard Mr. Namit Gautam, Advocate for the petitioner and Mr. Manuj Nagrath, Advocate for the respondent and perused the records.

3. What has been reflected from the pleadings in the suit, which is a relief of mandatory injunction seeking directions to hand over the vacant and peaceful possession of the premises detailed therein which happens to be a commercial area and further is seeking damages to the tune of Rs.50 lacs on account of loss of income, reputation etc. The plaintiff had assessed the value for the purposes of court fees and jurisdiction to the tune of Rs.500/- for mandatory injunction and Rs.500/- for the relief of permanent injunction and therefore affixed a Court fee of Rs.1000/-. In the light of the same, the appl

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