J.V Gupta, J.:— This petition is directed against the order of the Additional District Judge, Ludhiana, dated Page: 46725.5.1987, whereby the ad interim injunction granted by the trial Court was vacated.
2. After hearing the learned counsel for the parties, I do not find any merit in this petition. The matter has been discussed in detail by the learned Additional District Judge I do not find any illegality or impropriety therein as to interfere in revisional jurisdiction.
3. It was held by the Supreme Court in United Commercial Bank v. Bank of India (1981) 2 SCC 766 , AIR 1981 SC 1426, that “no injunction could be granted under Order 39, rules 1 and 2 of the Code, unles the plaintiffs establish that they had a prima facie case, meaning thereby that there was a bona fide contention between the parties or a serious question to be tried.” No such prima facie case has been made out by the plaintiff for ad interim injunction.
4. Apart from that, the conduct of the plaintiff speaks for itself. He has not allowed to proceed the arbitration proceedings nor the suit itself. Consequently, this petition fails and is dismissed with costs. Costs assessed at Rs. 1000/-.
R.M.S
Petition dismissed.