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KAMAL TIBREWALA – Appellant
Versus
KRISHNA KUMAR AGARWAL – Respondent


Advocates:
['G N SAHEWALLA', '', 'S TODI', 'S KATAKEY', 'P DEKA', 'MD ASLAM', 'S K SINGH', '', 'B PUSHILAL']

ORDER

Date : 15-02-2021 Heard Mr. G.N. Sahewalla, learned counsel, assisted by Mr. P. Deka, learned counsel for the petitioner and Mr. S.K. Singh, learned counsel for the respondent.

2. By this application filed under Article 227 of the Constitution of India, the petitioner has assailed the order dated 04.02.2021, passed by the Court of learned Munsiff No.1, Tezpur in Misc. (J) Case No. 12/2001 in connection with T.S. No. 19/2021, thereby granting ex parte ad interim injunction, restraining the petitioner from operating his retail petroleum outlet.

3. The learned senior counsel for the petitioner has submitted that the petitioner had allowed the respondent to operate the retail outlet on the strength of power of attorney dated 03.08.2013, followed by another power of attorney dated 18.11.2016, which was revoked on 30.06.2020. The respondent then filed TS No. 26/2020 before the Court of learned Munsiff No.1, Tezpur. In connection with the said suit, the respondent had filed a separate petition for interlocutory injunction, which was registered as Misc. (J) Case No. 27/2020, but no ad interim injunction was granted. It is submitted that on 27.01.2021, during the pendency of TS No. 26/20

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