MUNIR A. SHEIKH, J. -- This petition is directed against the judgment dated 11.5.2001 of the Lahore High Court through which appeal filed by the respondent against the order dated 18.1.2001 of the Trial Court through which temporary injunction. Was issued in favour of the petitioner, has been accepted and the said .
2. The petitioner filed suit on the basis of alleged agency agreement with the respondent of supply and distribution of Coca Cola bottles. The respondent, according to the petitioner, stopped supplying the coca cola bottles which necessitated the filing of the suit and in the alternate, prayer was made for the recovery of the specific amount as damages. Alongwith the suit, an application was moved for issuance of temporary injunction that the respondent-company should be directed to continue supplying coca cola bottles to the petitioner. This application was accepted through order dated 18.1.2001 against which appeal filed by the respondent before the High Court has been accepted through the impugned judgment dated 11.5.2001 and the said .
3. The learned Judge of the High Court came to the conclusion that prima facie, there was no material to the effect that the petitioner had ,irrevocable contract of an agency. It was also held that he was according to the material on the record a favourite buyer, therefore, Section 202 of the Contract Act was not attracted and the order of the kind passed by the Trial Court was not justified as the same amounted to decreeing the suit. Learned counsel for the petitioner submitted that according to the materials placed on the record most of which are in the form of documentary evidence that the petitioner had throughout been accepted by the respondent as distributor of coca cola bottles which had brought into being between them a contact of agency which have been misconstrued and a definite finding given in the impugned judgment by the High Court that there was ,io contract of agency which amounted to decision of the suit against the petitioner as these findings would prejudice in the decision of the suit on merits by the Trial Court.
4. We have gone through the judgment of the High Court and find that the same has been rendered in appeal against an interim order in the matter of temporary injunction. The findings are tentative in nature merely for arriving at a decision as to whether it was a fit case for issuance of temporary injunction of the kind as issued by the Trial Court. They are not as such either decision or final conclusions on the disputed question of facts. As to existence of agency or not which question shall be decided by the Trial Court on the basis of evidence led by the parties uninfluenced by any observations or findings recorded by the High Court in the matter. Suffice it to say that the petitioner had assessed the damages in the alternate at a specified amount, therefore, it was not a fit case in our considered view to issue temporary injunction to restore the supply of the coca cola bottles which too amounted to decreeing the suit before the trial of the case, therefore, in our view, justice would be done if no temporary injunction is issued and the Trial Court is directed to decide the controversy between the parties within specific time.
6. For the foregoing reasons, we find no merits in this petition which is hereby dismissed subject to the observations made above that the findings of the High Court would not be taken as opinion on merits of the case and the suit shall be decided uninfluenced by the same. The Trial Court is directed to decide the suit definitely before 31.10.2001 even if proceedings are required to be taken day to day.