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Showing contexts for: second injunction in Bharat Petroleum Corporation Limited & ... vs M/S Jethanand Thakordas Karachiwala & ... on 31 July, 1998Matching Fragments
20. It must be borne in mind that while coming to the Court to seek relief of temporary injunction plaintiff must make out a prima facie case. A prima facie case means that the plaintiff can show to the Court that in all probabilities ultimately he would succeed in securing a permanent injunction and therefore refusal of relief pending the trial would make the final relief even if granted, infructuous and in order to make the same effective, it is necessary to grant the relief even pending suit. In this case, the plaintiff had miserably failed to make out a case that he would be in a position to claim a permanent injunction. Secondly, the above stated facts and admissions of the plaintiff for having committed various breaches of the contract and having given connections to persons beyond the territorial limit and having accepted money without receipt and even stamp duty in cash without purchasing necessary stamp plaintiff had pepetuated fraud and had obviously not come with clean hands to claim temporary injunction. This was also clearly overlooked by the courts below while granting temporary injunction. Another aspect of the matter as already pointed out is that even presuming for the sake of argument that the plaintiff had not committed any breach the maximum relief that the plaintiff could claim was of compensation for the period of notice and in no case the plaintiff could claim that the defendants be compelled to continue him as their agent even though the defendants did not want. Furthermore, the agreement itself provided that defendants were at liberty to engage any other distributor for the aforesaid area. Therefore, even without terminating the agency of plaintiff defendants could have appointed other person as an agent for the said area.