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UNIVERSITY OF PETROLEUM & ENERGY STUDIES SCHOOL OF LAW

DEHRADUN

SEMESTER VI

ACADEMIC YEAR: 2021– 22 SESSION: JAN -MAY

ASSIGNMENT- Q2 (TEMPORARY INJUNCTION)

OF

DRAFTING OF CIVIL INSTRUMENT (CLINICAL 6)

UNDER THE SUPERVISION OF: MR. SAKSHAM PRADYOT

Name: Nainshree Joshi

Sap Id: 500076620

Roll No: R450219064

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IN THE COURT OF THE
CIVIL JUDGE, SR. DIVISION AT DEHRADUN
CIVIL SUIT NO. ___ OF 2022

IN THE MATTER OF:


Bhole Pratap …Plaintiff

VERSUS

Steve Jobs …Defendant

INJUNCTION APPLICATION UNDER ORDER XXXIX RULE 1

The plaintiff most humbly submits before this Hon’ble Court:


1. That the plaintiff has filed the above mentioned suit against the defendants herein for
declaration of partnership and final settlement of accounts of their business.
2. That both the parties have 50/50 ownership in the business of an exclusive range of electronics
under the name “Sheldon Ltd.” in the territory of India. However, the business failed to
succeed in the market and they were forced to shut down the said business.
3. That the plaintiff has reliably learnt that the defendant is now trying to move the goods and
assets without the consent of the plaintiff which may result in a severe loss to the Plaintiff.
4. That the plaintiff has a strong prima facie case in his favor. If the defendant is not restrained
by an order of temporary injunction from moving any goods or assets of the business
establishment then the final judgment and decree passed in favor of the plaintiff will be merely
a paper decree without any fruits to this plaintiff and the plaintiff will suffer irreparable loss,
which cannot be compensated in terms of money.
5. That the balance of convenience is in the favor of the plaintiff and no hardship will be caused
to the defendant if injunction is granted to the plaintiff.

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PRAYER
That the Plaintiff, therefore, most respectfully prays that-
a. The defendant be restrained by a temporary injunction from damaging, selling, disposing or
in any way transferring the assets to any person, during the pendency of the aforesaid suit.
b. To grant any other relief, which the Hon’ble court deems fit, may please be granted to the
plaintiff in the interest of justice.
PLAINTIFF THROUGH
Nainshree Joshi
Place: Dehradun (Advocate of plaintiff)
Date: 31st March, 2022

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IN THE COURT OF THE
CIVIL JUDGE, SR. DIVISION AT DEHRADUN
CIVIL SUIT NO. ___ OF 2022

IN THE MATTER OF:


Bhole Pratap …Plaintiff

VERSUS

Steve Jobs …Defendant

AFFIDAVIT
(Filed in support of Interim Application)

I, Bhole Pratap, do hereby state on solemn affirmation as follows:


I. That I have filed the following application for interim injunction for various reliefs against the
defendants.
II. For the sake of brevity I reiterate all contentions made by me in the temporary injunction
application without repeating the same here.
III. I say that great hardship, loss and injustice will be caused to me if injunction as prayed is not
granted.
IV. That whatever is stated in the temporary injunction application herein above from paras 1 to
6 is true and correct to the best of my knowledge, belief and information.

In witness whereof, solemnly affirmed on the 31st day of March 2022 at Dehradun.
Place: Dehradun
Date: 31/03/2022

DEPONENT

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