At this juncture, for some reason or other, the Defendant No.1 entered into an agreement one Kalinga Service Transporters, for transportation of Phospho-Gypsum to the stockyard of Defendant No.2. Although a plea was taken by the Defendant No.1-Petitioner to the effect that the Plaintiff did not comply with the terms of the agreement for which the Defendant No.1 entered into an agreement with Kalinga Service Transporters for transportation of Phospho-Gypsum, but such allegation is unfounded and is based on no material. As observed by learned trial Court, due to non-supply of bank details of Defendant No.1, the Plaintiff-transporter was compelled to release the freight charges to the Truck owners directly for their sustenance. Both the Courts below taking into consideration the ingredients of Order XXXIX Rules 1 and 2 C.P.C. have categorically come to a conclusion that the Plaintiff-Opposite Party satisfies all the ingredients for grant of temporary injunction. Further, in order to protect the interest of Defendant No.1-Petitioner learned Addl. District Judge directed the Plaintiff-Opposite Party to deposit 70% of the freight charges in the bank account of Defendant No.1-Petitioner in advance for transportation of Phospho-Gypsum. The documents alleged to have been not considered by the courts below as at Annexures-5 and 7 do not improve the case of Defendant No.1 in any manner so as to refuse the order of temporary injunction.
