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1993 Supreme(MP) 236

P.P.NAOLEKAR
SITA RAM – Appellant
Versus
DISTRICT ABHIYANTA DURSANCHAR RAIPUR – Respondent


Advocates appeared:
D. C. Jain, Advocates, for the Appellant.
A. Choudhary with Smt. J. Choudhary, Advocates, for the Respondents.

JUDGMENT

P. P. Naolekar, J. - The appellant filed an application under Section 20 read with Section 46 of the Arbitration Act, 1940 (hereinafter called the Act) for directions to the respondents to file the arbitrations agreement in court and to make an order of reference. During the pendency of the proceedings, the appellant also moved an application under Section 41 read with Schedule II of the Act for injunction. The trial court after considering the application, granted an ex parte ad interim injunction restraining the respondents from disconnecting the appellant's telephone connection till 20th August, 1990 for non-payment of the telephone bills. This order was passed on 31.7.1990.

2. On 22.8.1990, the telephone connection of the appellant was disconnected by the respondents and, therefore, the appellant moved two applications for taking appropriate steps for breach of injunction order issued by the trial Court on 31.7.1990 and another application for direction to the respondents to restore the telephone of the appellant. These applications were considered by the trial Court in the light of the previous orders issued by the court granting adinterim injunction on 31.7.1990 and











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