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2002 Supreme(All) 604

G.P.MATHUR, VINEET SARAN
KRISHI UTPADAN MANDI SAMITI, ALIGARH – Appellant
Versus
HEINZ INDIA LIMITED – Respondent


Advocates Appeared:
B.D.Mandhyan, Satish Mandhyan, TARUN AGARWAL

G. P. MATHUR, J.

( 1 ) THIS appeal has been preferred by the defendant-respondents against the judgment and order dated 24. 1. 2002 of Civil Judge (Sr. Division), Allgarh, in O. S. No. 233 of 2000 by which the application 7c for grant of temporary injunction moved by the plaintiff under Order XXXIX, rules 1 and 2 read with Section 151, Code of Civil Procedure was allowed. By the impugned order, temporary injunction was granted whereby it was directed that if the plaintiff transferred stock from its factory situate within the mandi area of Aligarh to its godown outside the mandi area by way of stock transfer, neither any gate pass would be required nor any mandi fee would be charged and the plaintiff would furnish Bank guarantee for the amount of mandi fee which it is liable to pay on each stock transfer in favour of the defendant.

( 2 ) THE plaintiff, M/s. Heinz India Limited, filed the suit against the Krishl Utpadan Mandi samiti, Aligarh and two others, praying that defendant Nos. 1 to 3 and their subordinate employees be restrained by means of prohibitory injunction from imposing and recovering any mandt fee on all those transactions of the plaintiff by which it transfers its st




































































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