ORDER

% 20.02.2024 I.A. 4128/2024

1. This is an application under Section 151 seeking exemption from filing typed copies, translated copies of vernacular documents on behalf of the petitioner.

2. Exemption is granted subject to all just exceptions.

3. The plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.

4. The application is disposed of.

CS (OS) 137/2024

5. This is a suit seeking injunction in favour of the plaintiff and against the defendant No. 1 association and its members (defendant Nos. 2 to 5) from holding any indefinite strike, dharna-cum-hunger strike, demonstration, rally, gherao, peace march, shouting slogans, entering or assembling at residences of the employees/managerial staff/ workforce of the plaintiff and award cost for any damage caused to the life and property of the plaintiff.

6. The facts giving rise to filing the present suit are that the plaintiff is engaged in distribution and retail supply of electricity within the NCT of Delhi. The defendant No. 1, i.e. New Lineman Helper Association, is a registered Trade Union which claims to be espousing the causes of the work men who were deployed with the plaintiff by the earlier vendors. Defendant No. 2, i.e. Mr. Hari Prasad Tiwari alias Mr. Hari Prasad alias Rajesh Tiwari, is the president of defendant No. 1.

7. On 12.02.2024, defendant No. 2 addressed a letter to the Head/CEO of the plaintiff and threatened that the members of the defendant No.1 will protest in front of the residence of the business-head of the plaintiff company.

8. It is stated by Mr. Hariharan, learned senior counsel appearing for the plaintiff that the plaintiff has no privity of contract with the defendants. If at all, the defendants are the employees of the plaintiff’s earlier vendor.

Therefore, the actions of the defendants are illegal and amounts to unfair trade practice.

9. For the reasons stated above, issue summons in the suit on the petitioner taking steps within one week from today. The summons are returnable on 07.05.2024, before the learned Joint Registrar. I.A. 4124/2024

10. This is an application on behalf of the plaintiff under Order 39 Rule 1 and 2 read with Section 151 of the CPC seeking ad interim ex-parte orders.

The prayers read as under:- A. Grant ad-interim ex-parte temporary injunction restraining New Lineman Helper Associations and its members, officers, agents or affiliates, restraining them by themselves or through their agents, associates, members and accomplices and Mr. Hari Prasad Tiwari, Mr. Bimal Arora, Mr. Rakesh Saini alias Sangam Saini and Mr. Rajesh Rathi from:

(a) holding an indefinite strike / dharna / demonstration/ dharna-cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the at the residence (at 128, Vivekanand Puri, Sari Rohilla, Delhi- of the Head Business of the Plaintiff from 20.02.2024 as stated in the communication dated 12.02.2024; (b) holding an indefinite strike / dharna / demonstration/ dharna-cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the at the residence of the Plaintiff’s employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff.

(c) instigating and inciting workforce deployed by the Plaintiff to stage strike / dharna / demonstration/ dharna- cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the residences of the Plaintiff’s employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff.

(d) causing damage to property and person, or causing disruption in the ingress or egress at residences of the employees/managerial staff/ workforce of the Plaintiff.

(e) interfering in any manner whatsoever from the functioning of the affairs / business and/or from stopping any employee / worker / officer of the Plaintiff f