Leeds Spinning Mills Private Limited v. Maa Vaishnadevi Ginning Pressing Udyog

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.04.2022

CORAM:

Mr. JUSTICE N.SESHASAYEE C.R.P(PD)No.1075 of 2022 Leeds Spinning Mills Private Limited, Rep by its Managing Director, Having Registered Office at S.F.No.102, Kasipalayam Main Road, Vijayapuram Post, Nallur,Tiruppur.

... Petitioner Vs.

1.Maa Vaishnadevi Ginning Pressing Udyog, Aklarakhurd, A.B.Road, Dhamnod, Madhyapradesh.

Pin: 454 552.

2.Metta Associates, Rep by its Partner Balakrishna Metta, Shop No.171, Krishna Niva, W Ramalingam Road, R.S.Puram, Coimbatore - 641 002.

... Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order dated 09.02.2022 made in unnumbered O.S.No. of 2022 (CFR.No.305 of 2022) on the file of the Court of the Principal District Munsif, Coimbatore and direct the Court below to number the suit. For Petitioners :

Mr.S.Thangavel

O R D E R

A certain suit was filed by the revision petitioner which was not taken on record by the trial Court, instead it rejected it as not maintainable on the ground that the suit was laid for a decree that the defendant shall not file any civil litigation contrary to a certain agreement.

2.The trial Court has rightly found that, under Section 41 of the Specific Relief Act, there cannot be an injunction https://hcservices.ecourts.gov.in/hcservices/

against instituting any legal proceedings. This Court concurs with a view taken by the learned trial Judge and does not consequently find any merit.

3.The Civil Revision Petition is dismissed accordingly. No Cost.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kas/dk To

1. The Principal District Munsif Coimbatore.

2. COPY TO The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.S.Thangavel, Advocate, S.R.No.25329 C.R.P(PD)No.1075 of 2022 RR(CO) CT 11/05/2022 https://hcservices.ecourts.gov.in/hcservices/