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1995 (8) TMI 232 - SC - Companies LawWhether the plaintiff has a prima facie case? Whether the balance of convenience is in favour of the plaintiff? Whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed? Held that:- Appeal rejected. The interim injunction granted by the High Court is in very wide terms because not only GBC but also those to whom the shares have been sold and also subsequent transferees, their servants, agents, nominees, employees, subsidiary companies, controlled companies, affiliates or associate companies or any person acting for and on their behalf are restrained by the interim injunction from using the plants of GBC. It is no doubt true that the interim injunction is widely worded to cover the persons aforementioned but in its operation the order only restrains them from using the plants of GBC at Ahmedabad and Rajkot for manufacturing, bottling or selling or dealing with or being concerned in any manner whatsoever with the beverages of any person till January 25, 1996, the expiry of the period of one year from the date of notice dated January 25, 1995. The interim injunction is thus confined to the use of the plants at Ahmedabad and Rajkot by any of these persons and it is in consonance with the negative stipulation contained in paragraph 14 of the agreement dated September 20, 1993. For the reasons aforementioned no infirmity in the impugned order of the High Court dated March 31, 1995, granting an interim injunction in terms of prayers (a)( ii) and (a)( iii) of the notice of motion as amended.
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