M/s. Kangaroo Transport and Ors. in Su. St. No.14345 of 19VsHindustan Petroleum Corporation Ltd.

Date: 30-12-2019
Business: By precipe.
Adv. Mr. Pradeep Gandhy along with Adv. Rupesh Geete and Ms. Sanaya Kapadia i/b. Parinam Law Associates for plaintiff present.
Adv. Mr. Vijay Purohit along with Adv. Faizan Mithaiwala and Adv. Nikita Bangera i/b. P and A Law Offices for deft. present.
Adv. for plaintiff tendered registered N/M no.4983/19. T.O.R.
Vakalatnama filed by Adv. for defendant.
O. - Seen and filed.
Heard arguments of both the sides.
K.B.
L.O.
As court is busy in mediation work, the matter is adjd for order to 01.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-01-2020

Date: 01-01-2020
Business: None for plaintiffs.
None for defendant.
AD-INTERIM ORDER IN N/M NO.4983/2019
Ld. counsel for the plaintiffs submitted that the defendant had illegally suspended the contract of the plaintiffs vide their letter dated 20.12.2019 issued to the respective plaintiffs.  It is the contention of the plaintiffs that the defendant insisted for obtaining MSE Certificates in a particular format without any legal basis for the same. The plaintiffs have obtained certificates dated 10.10.2019.  The certificate was issued by Joint Director of Industries and thereby certified that the unit of the respective plaintiff is a small service enterprise in terms of Micro, Small and Medium Enterprises Development Act and that the Udyog Adhar Number obtained by the plaintiff is valid so long as the unit is in operation. In-spite of the receipt of the certificate, the defendant issued a show cause notice dated 09.12.2019 stating that despite several opportunities, plaintiff failed to get verification of its UAM number/MSE certificates.  Plaintiffs replied to the said show cause notice and informed the defendant that the officials of MSME Department visited Chartered accountant office and office of the respective plaintiff and after the procedure, Joint Director issued the certificate. The defendant arbitrarily suspended the operation of tank trucks of the plaintiffs.  The Ld. Counsel for the plaintiffs placed reliance upon the order of the Hon\''ble Delhi High Court in WP (C) 13198/2019 and of the Hon\''ble Rajasthan High Court in S.B. Civil Writ Petition No.17809/2019.  The Ld. Counsel for the plaintiffs has also placed reliance upon the operative order passed in Suit no.2977/2019 by the First Additional Principal Judge, City Civil Court, Dindoshi and even the order of the 23rd Joint Civil Judge, Sr. Division, Pune.
The Ld. Counsel for defendant submitted that there is arbitration clause in the tender and therefore, this court has no jurisdiction to entertain the present matter.  He argued that the order passed by Hon\''ble Rajasthan High Court and Hon\''ble Delhi High Court was in writ jurisdiction.  He would submit that the plaintiffs are claiming interim relief in the form of mandatory injunction.
      On perusal of the relief, it appears that the plaintiffs are seeking injunction for restraining the defendant from further implementing the show cause notice dated 09.12.2019 and the order dated 20.12.2019 and or taking any coercive action on account of and/or the basis of the above show cause notice dated 09.12.2019 and order dated 20.12.2019.  The Ld. Counsel for plaintiffs argued for stay of suspension order dated 20.12.2019, thus it appears that the relief is in the form of mandatory nature. The suspension order has already been passed. The plaintiffs have not pointed out any exceptional case for grant of ad-interim relief.  The claim of the plaintiffs is based upon contract and if the act of the defendant is arbitrary which is contrary to the terms of contract, in that event, the claim of plaintiffs for ad-interim mandatory injunction without making out any extraordinary case is not maintainable.  The act of defendant, if contrary to the terms of contract, would entail the plaintiffs for damages and therefore, when the loss can be quantified in terms of damages, the plaintiffs are prima-facie not entitled for ad-interim mandatory relief as claimed by them.  In this background, the order of Hon\''ble Delhi High Court and Hon\''ble Rajasthan High Court are not applicable with greatest of respect.  Hence, it is expedient to pass the following order.
ORDER
1.  Ad-interim relief claimed by the plaintiffs is rejected.
The matter is adjd for reply to the N/M to 23.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: By precipe.
Adv. Rupesh Geete for plaintiffs present.
None for deft.
Ld. counsel for the plaintiffs tendered application for withdrawal of the suit with liberty to file the fresh suit.
O. - Heard.  Perused the application and therefore, it is expedient to pass the following order.
ORDER
1.    Suit is disposed off as withdrawn.
2.    Plaintiffs to bear their own cost.
3.    Suit be registered for statistical purposes.
4.   Pending N/M no.4983/2019 is accordingly disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-01-2020

Filing Number: 114411/2019
Filing Date: 30-12-2019
First Hearing Date: 30th December 2019
Decision Date: 09th January 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE