1988 (9) TMI 370

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....order of the High Court of Bombay dated 26th February 1988 setting aside the order of the District Judge Latur and restoring the order of the Trial Court granting injunction against the Appellant. 3. Abdul Saheb, Respondent was employed as a teacher in the Institution maintained by the Appellant society. The Appellant society issued a notice dated 31st March 1987 to the Respondent terminating h....

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....ion for grant of temporary injunction. The Respondent made a revision application under Section 115 of the Code of Civil Procedure before the High Court against the order of the District Judge. The High Court by its order dated 26th February 1988 set aside the order of the District Judge and restored the order of the Trial Court granting temporary injunction in Respondent's favour. 4. After....

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....iming relief under the contract of service he could enforce the contract and claim compensation by way of damages in the event of any injury being caused to him for breach of the contract of service. No doubt the District Judge held that there was no prima facie case in the Respondent's favour but he further recorded a positive finding that even if the Plaintiff Respondent had prima facie case....

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....hich could not be compensated in terms of money. If a party fails to make out any of the three ingredients he would not be entitled to the injunction and the court will be justified in declining to issue injunction. In the instant case the Respondent Plaintiff was claiming to enforce the contract of service against the management of the institution. The refusal of injunction could not cause any ir....