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2007 DAILYLAW 2684 (DEL)

MAHESHWARI ENTERPRISES v. PRAGATISHEEL MAZDOOR SANGH

2007-10-23

Sanjay Kishan Kaul

body2007
SANJAY KISHAN KAUL, J. ( 1 ) THE plaintiff, a partnership firm, has filed the present suit for a decree of permanent injunction against the defendants from holding any demonstration, blockade, dharna, picketing, gate meetings, shouting slogans, sabotage, causing damage to the property and assets, stopping movement of equipment, files, records, or from blocking ingress or egress of the partners, officials, supervisors and employees of the plaintiff firm or its customers, visitors or within a radius of 500 meters from the gate of the factories of the plaintiff firm situated at A-93/19 and 93/22, Wazirpur Industrial Area, Delhi. ( 2 ) THE plaintiff claims to be manufactures of woven and knitted garments. It is the case of the plaintiff that one Shri Devender Singh, a workman, was employed on casual basis whose performance was not satisfactory. The services of Shri devender Singh were discontinued and Shri Devender Singh threatened to indulge in violence. The defendants are stated to be backing the said Shri Devender singh and even made complaints to various authorities. A strike/demonstration notice was issued on 18. 11. 2006, which was replied to vide a letter dated 21. 11. 2006. The plaintiff claims that despite the aforesaid, the threat of strike/demonstration persists and, thus, has filed the suit. ( 3 ) THE defendants failed to appear despite service and were proceeded ex parte on 25. 7. 2007. ( 4 ) THE plaintiff has filed the affidavit of evidence of Shri Sunil Mohta, partner of the plaintiff, who has proved the partnership deed as Ex. P1. The said witness has affirmed to the averments made in the plaint and has proved as Ex. P2 the report to the police against Shri Devender Singh. The strike/demonstration notice dated 18. 11. 2006 has been proved as Ex. P6, which was replied to vide Ex. P7. ( 5 ) THE plaintiff had filed along with the suit an interim application on which orders were passed restraining holding of dharna within a distance of 10 meters from the gates of the two factories of the plaintiff situated at the aforementioned addresses or from obstructing ingress and egress of people visiting the two factories. P7. ( 5 ) THE plaintiff had filed along with the suit an interim application on which orders were passed restraining holding of dharna within a distance of 10 meters from the gates of the two factories of the plaintiff situated at the aforementioned addresses or from obstructing ingress and egress of people visiting the two factories. ( 6 ) IN view of the facts and circumstances as mentioned aforesaid, a decree is passed in favour of the plaintiff and against the defendants restraining the defendants from holding any dharna within a distance of 10 meters from the gates of the two factories of the plaintiff situated at A-93/19 and A-93/22, Wazirpur industrial Area, Delhi-110 052; or from obstructing the ingress and egress of the willing workers and the visitors. The plaintiff is also entitled to costs. Decree sheet be drawn up accordingly.