Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Interim injunction, grant of---Duty of Court stated. For the purposes of grant of interim injunction, Court has to consider the existence of good prima facie case in favour of the plaintiff and balance of inconvenience lies in his favour and he will suffer irreparable loss and injury, if the injunction is refused. (b) Specific Relief Act (1 of 1877)--- ----Ss. 42 & 54---Contract Act (IX of 1872), Ss.201 & 202---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and permanent injunction---Agreement for looking after business of cargo shipping of defendant by plaintiff on payment of commission over services rendered by him---Termination of agreement by defendant without issuing 90 days advance notice to plaintiff---Application for temporary injunction to restrain defendant from acting upon termination letter---Plea of plaintiff that he had interest in agency; and that he had invested huge amount on arranging containers, trailers, heavy machinery and staff to manage affairs of business, which investment would be ruined in case of refusal of injunction---Validity---Agreement executed between parties was that of principal and agent---Agreement did not speak about status of plaintiff having any interest in agency, except as a commission agent---According to agreement, such containers, trailers, machinery were assets of principal and payment of salaries to staff employed by plaintiff was to be made from income of business---Nothing on record to show that plaintiff from his own fund had arranged containers, trailers, machinery and staff to promote business of defendant---Such agreement did not provide any clause containing interest of plaintiff as agent in agency, thus, provision of S.202 of Contract Act, 1872 would not apply thereto---Nothing on record to show that there was any express or implied conduct of parties to convert agency agreement into interest in agency in favour of plaintiff---Termination of agency without issuing advance notice of 90 days could be treated as illegal, which point would require evidence, but same could not be considered as sufficient…

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