TMI Blog1990 (3) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... terfere in a given case to prevent such an apprehension. There is no statutory force in such an order of injunction, but the Courts in this country as well as in England have been following the English Common Law Rule that a threatened action, if designed to affect the plaintiff his right claim in the suit, Civil Courts ought not to hesitate in the matter of grant of an order of injunction so as to maintain status quo on the basis that a substantial question is to be investigated though ultimately plaintiff may fail in its effort to bring home the charges levelled against the defendant. 2. The plaintiff Nos. 2 and 3 and the defendant No. 5 are the sons of one Balailal Mukherjee since deceased. It appears from records that on and from 1868 one Prasanna Kumar Mukherjee carried on business under the name and style of Ram Nath Mukherjee Co., as the sole proprietor and was engaged inter alia in the business of Stevedoring. After the death of Prosanna Kumar Mukherjee his son Balailal Mukherjee carried on the business as the sole proprietor thereof under the name and style of 'Balailal Mukherjee Co.' The sole proprietorship business however continued upto the year 1950., By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting to the other at least 90 days before the expiry, of its intention to terminate the same. 5. On the further factual score it emerges that by two letters both dated December 5, 1988 the defendant Nos. 3 and 5 resigned from their offices and severed all connections with the defendant No. 1. The resignations were however accepted by the plaintiff No. 1 at its Board Meeting held on January 18, 1989. Subsequently, however, by two telex messages dated February 10,1989, the foreign principal noted above terminated the agency. For convenience sake, the telex containing the termination notice is set out hereinbelow : Termination Notice for General Agency agreement. Further our PLX 5227 of day please take notice that your agreement with our agencies Calcutta, Haldia, Paradeep, Visakhapatnam and Kakinada is also terminated with immediate effect. You are advised to settle our A/c with you uptodate and submit same to us upon receipt of this notice. Please hand over all relevant A/c Records Books and files of general A/c matters including Cargo Claims etc. Against our vessel to our newly appointed agent M/s. Sea Traders Private Limited as well . 6. The plaintiffs contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he plaintiffs and as such, plaintiffs instituted the instant suit for perpetual injunctions restraining the defendants from using or disclosing otherwise confidential informations or trade secrets as also from procuring or wrongfully inducing any breach of any agreement made by and between the plaintiffs and the foreign parties noted above. In this application for interim protection also the plaintiffs have prayed for an interim order to the effect noted above. 10. During the course of hearing leave was obtained for further disclosure of documents by the parties by, reason wherefor certain further telex messages both from the defendants as also from the foreign principals, were brought on record and on the basis of the above noted further disclosures the Plaintiffs contended that the factum of procurement of the breach has been categorically established. In order to appreciate the contentions raised it is worthwhile to note a few of them. To : From : Nippen Yusen Kasia Sea Traders, Calcutta 3-2, Marun Onchi 2 CHOME Chiyodaku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... using confidential informations or trade secrets acquired from the plaintiffs. A further prayer for injunction has also been made from restraining the defendant from entering into any agreement, arrangements or dealings with any of the principals of the plaintiffs and from carrying on any rival business ill competition or otherwise to that of the plaintiffs in any manner whatsoever, 12. Incidentally it is to be noted that the doctrine of 'balance of Convenience' mean and imply Convenience or inconvenience of both the parties and the Law Courts will pass order in whose favour the scale tilts and mere affectation of rights however will not do. 13. Mr. Mukherjee appearing in support of the application relied strongly on the observations of Lord Denning in the off cited Court of Appeal decision in the case of Torquay Hotel Co. Ltd. v. Cousins reported in LR (1969) 2 Ch. Div. In that decision Lord Denning observed : The principle of Lumley v. Gye (1853) 2 E. B. 216 is that each of the parties to a contract has a right to the performance of it: and it is wrong for another to procure one of the parties to break it or not to perform it. That principle was extended a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it is enough to show that the act complained of was done in such a way as to be likely to damage the plaintiff the proof of specific damage be not given. Lord Esher however, pointed out that necessary inferences may be drawn as to the affectation of the right and such an order of injunction passed by the Court below was right. In the last noted decision Lord Justice Kay as also Lord Justice Rigby were also of the same opinion. 15. In English Law 'A' commits a tort if without lawful justification, he intentionally interferes with the contract between 'B' 'C, (a) by pursuading 'B' to break his contract with 'C or (b) by some other act proposes only tortious in itself which prevents 'B' from performing its contract, (see Winfield and Jolowicz on Tort). It is now a settled law in England through a long catena of cases that the action for enticement is not confined to contracts between master and servant, but it applied also to those for rendering professional services. The later decision of the English Courts made it clear that intentionally and without lawful justification if one induce or procure anyone to break a contract whether of per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at this stage the findings need only be prima facie in nature and not conclusive as such. 18. It is therefore required to analyse while considering the instant application as to whether there exists evidence of such a deliberate and direct interference to prompt the courts to deal with the matter in its proper perspective. The plaintiff has tendered before this court certain documentary evidence on the basis of which it has been claimed that the defendants have combined against themselves and wrongfully conspired to defeat and injure the plaintiffs in its business. It is the definite case of the plaintiff that the defendants as a matter of fact have procured and induced the breach of agreement with the foreign party to the utter detriment and prejudice of the plaintiff. To telex messages to the following effect ought to be dealt with at this juncture. The first : Understand Roma intending submitting guarantee YR behalf for annual I/T this week end. You may advise them urgently not to apply until your further advise so that you will not be put into inconvenience. Letter if you intend to terminate their I/T agency. .......... and the second : ........We have informa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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