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2020 (5) TMI 712 - HC - Indian LawsSeeking permanent injunction, to restrain the defendant from attempting to procure and/or attempting to induce a breach/termination of any agreement/arrangement between the third parties and the plaintiff in respect of non-functional properties of the plaintiff across India - restraint on defendant from entering into any agreement or arrangement with any third party in relation to any right/interest of the defendant with respect to non-functional properties across India, where agreement/arrangement for grant of property rights to the plaintiff has been executed but multiplex operations have not commenced - recovery of nominal damages - HELD THAT:- No merit is found in the contention of the senior counsel for the plaintiff, of the defendant being bound by any admission contained in the order dated 1st February, 2018 and admission of law does not bind any party to a lis less a counsel. Rather it appears that the suit as framed, is directed not only against the defendant but also against others who have not been impleaded. During the hearing it emerged that besides the plaintiff and the defendant there are only one or two others carrying on same business but on a much smaller scale than the plaintiff and the defendant. The effect of granting injunction as sought against the defendant, would be that the defendant even if has entered into agreements with the developer/owner of the Amritsar and Juhu, Mumbai properties, would be unable to proceed under the said agreements, leaving the developer/owner aforesaid in a lurch with respect to their properties meant for running and operating multiplex cinemas and who will have no option but to accept whatever commercial terms the plaintiff offers. The claim of the plaintiff herein also is, to monopolize land and buildings thereon, across India, and just like agricultural produce was held to be natural resource, so is land a natural resource. Moreover yet another directive principle is, that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment and the monopoly sought to be created by the plaintiff by seeking the injunction in this suit, to exclude the defendant from its forays to procure real estate for its business across India, would be against the said directive principle of State Policy - I reiterate that the grant of injunction claimed by the plaintiff on the premise of the actions of the defendant comprising a tortious act of interference with contractual relations of the plaintiff, would be in violation of the fundamental right of the defendant, its promoters and directors to carry on trade and business, without any law having been enacted by the State in this respect in the interest of general public, within the meaning of Article 19(5) of the Constitution of India. The plaintiff, on the averments contained in the plaint, had no cause of action for the relief claimed against the defendant and the relief claimed by the plaintiff against the defendant is barred by law - the suit is dismissed.
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