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1972 Supreme(All) 80

K.N.SETH
Mahendra Pratap Kapur – Appellant
Versus
Burmah Shell Oil Storage and Distributing Co. Ltd. – Respondent


Advocates:
Sidheshwari Prasad, for Applicant.

ORDER :- The plaintiff applicant filed a suit for restraining the defendants from removing the plaintiff from the dealership of outlet No. ODD 803 situated at G. T. Road, Lahartara, Varanasi of which he claimed to be an authorised dealer on behalf of defendant No. 1. Along with the suit an application for temporary injunction was also filed. The defendants immediately put in appearance and alleged that they had appointed some third person as a dealer and that they have sponsored the name of that third person before the Excise Officer for grant of a licence. After hearing the parties the trial Court, by its order dated 10-3-1972, granted three days' time to the defendants to file documents and detailed objections and in the meantime issued a temporary injunction as prayed for. Against the aforesaid order the defendants filed an appeal before the learned District Judge, Varanasi, the very next day and made an application for staying the operation of the injunction order passed by the trial Court. The learned District Judge passed the following order :

"Heard counsel for the appellant. Meanwhile operation of the order dated 10-3-72 shall remain stayed."

Against the aforesaid order of t















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