Court : Kolkata
Decided on : Jul-24-2003
Reported in : 2004(2)ARBLR495(Cal),2004(2)CHN1
..... as also loss in reputation and as such the park hotel decided to snap the relationship between the parties. mr. mukherjee submits that from the correspondences it is clear that ics had no intention to continue with the sale of membership cards. only after termination of the agreement, ics has come ..... protection to the legal right of the petitioner, if there be any. in considering the question of balance of convenience, the court is to consider the comparative mischief or inconvenience of both the parties. the burden of proving prima facie case, balance of convenience and irreparable injury is on the party praying for ..... with an application under section 9 of the said act, inter alia, to restrain the park hotel to promote its business in order to acquire unlawful gain. mr. mukherjee, further, submits that ..... agreement is valid till june, 2004. the agreement dated june 11, 2001 was purportedly terminated on may 19, 2003 and the application under section 9 of the said act has been filed by the park hotel on may 19, 2003 itself. it was alleged that the agreement was terminated without giving any due ..... the said application being g.a. no. 1205 of 2003 came up for hearing before me, i decided to hear both the applications under section 9 of the said act being a.p. nos. 129 of 2003 and 143 of 2003 finally.6. by consent of the parties both the said applications were taken .....Tag this Judgment!