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1950 Supreme(All) 302

AGARWALA, MUSHTAQ AHMAD, DESAI
H. BEVIS AND CO. – Appellant
Versus
RAM BEHARI – Respondent


Advocates Appeared:
B.D.GUPTA, C.S.SARAN

MUSHTAQ AHMAD, J.


( 1 ) THIS is a plaintiffs appeal against an order refusing an injunction.

( 2 ) THE plaintiff is a firm dealing in tents and brushes, etc. , for which it has to employ a large body of workmen and labourers. The defendants are the representatives of those workers in the employ of the plaintiff concern. There was a dispute between the parties with regard to the defendants right to receive from the plaintiff certain sums, and the U. P. Governor, on 25-2-1947, referred the same under Rule 81, Defence of India Rules for adjudication to a particular officer of the Government. This officer made an award on 16-5-1947, that the plaintiff firm should pay roughly Rs. 40,000 as bonus to the workers in its employ. The plaintiff objected to this award and filed a Suit No. 73 of 1947 in the Court of the Civil Judge, Kanpur to obtain its cancellation. In this suit, the plaintiff made an application praying for a temporary injunction restraining the defendants from recovering the amount under the aforesaid award.

( 3 ) THE Court below passed a very short order on this application in the following words :

"civil Court vacation is near at hand. In this case intricate questions of la
































































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