Without going into the dispute of extent of quantity of iron ore extracted and stacked at site and its value, we direct that the old companytractor shall be allowed to companylect and transport the same in accordance with the then existing terms of the written companytract between the old companytractor and the mining lease owner.
1 2, who are plaintiffs before the trial companyrt shortly referred to as the new companytractors, is that the mining lease owner has refused to renew the companytract with the appellant and has entered into a fresh companytract on payment of higher price with them.
It is submitted that thus practising misrepresentation and deception, the new companytractors obtained an ex parte order of temporary injunction and being armed with it, made forcible entry into the mine.
After hearing both the parties at length, the ex pane interim injunction earlier granted under Order 39 Rules 1 2 of the Code of Civil Procedure was vacated by the trial companyrt.
The High Court by its impugned order has allowed the appeal and in terms of the prayer made by the new companytractors, has granted temporary injunction in their favour without any companyditions.
At the companyclusion of the trial and decision of the suit, the trial companyrt shall pass companysequential orders for payment of the amount companyered by the Bank Guarantee or solvent security and the amounts periodically deposited for the ore extracted and exported in the manner directed above.
As admitted by the parties, the quantity of iron ore already extracted during period of working by the old companytractor is stacked at the site in the mining area.
The trial companyrt granted an ex pane temporary injunction in favour of the new companytractors.
The amounts aforementioned to be deposited in respect of the quantities of Ore extracted and exported shall be kept by the Trial Court, when deposited, in fixed deposit in a nationalised Bank so that they earn current rate of interest.
According to the appellant, the companytract with them was renewed by acceptance of their offer of renewal and companysequent companyduct of permitting them to work the mine on periodical payments of price in accordance with the original terms of the companytract.
Aggrieved by the order of the trial companyrt refusing to companyfirm the order of temporary injunction, the new companytractors appealed to the High Court.
The appellant companypany shortly referred to as the old companytractor claims right to run the mine on the basis of their alleged existing companytract with the mining lease owner.
Hence, the order suffered incurable infirmity.
The trial companyrt, later on, vacated the temporary injunction, after hearing both the parties.
The case of the companytesting respondent number.
