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Showing contexts for: notice terminating contract in Sikaria Divinity Private Limited vs State Of West Bengal on 18 August, 2017Matching Fragments
On 7th July, 2017 this application was filed by the petitioner for inter alia the following reliefs:
"(a) Injunction restraining the respondent whether by itself or its men, agents, servants, assignees or otherwise howsoever from interfering with the peaceful exercise of the rights and discharge of obligation by the petitioner in accordance with the agreement.
(b) Operation of the show cause notice dated June 8, 2017 be permanently stayed."
Even before the application could be moved the Director of Tourism issued a notice dated 11th July, 2017 terminating the contract. What are the reasons ascribed in the termination notice dated 11th July, 2017 have to be seen.
Is it a case where an injunction should be granted setting aside the notice, terminating the contract, issued by the respondent? The principles governing the grant of an order of injunction are contained in Order 39 Rules 1 & 2 of the Code of Civil Procedure and sections 37,38,39,40 & 41 of the Specific Relief Act, 1963.
In order to merit consideration for grant of an injunction the prima facie case of the petitioner has to be established. To a very large extent the strength and weaknesses of the case of the parties have to be assessed by the court on the available evidence to come to a provisional conclusion as to whether the petitioner, on a balance of probabilities, has a better case than that of the respondent. Once the petitioner has been able to establish a prima facie case the court proceeds to consider the balance of convenience and the irretrievable injury factor. This means that the balance of convenience must be in favour of an order being passed in favour of the petitioner and that irretrievable injury will be caused to him if the order is denied.