ALUPRO BUILDING SYSTEMS PRIVATE LIMITED, BENGALURU Vs. S.T. CRANES AND EARTH MOVER SERVICES, GEDHALAHALLI, BENGALURU AND ANOTHER

JUDGEMENT

(1.) This writ petition has been preferred by first defendant in O.S. No. 6609 of 2013 being aggrieved by order dated 4-3-2016 - Annexure-A where under I.A. No. 2 filed by the II defendant under Order 39, Rule 7 read with Sec. 151 of Civil Procedure Code, 1908 seeking for appointment of a Court Commissioner to remove the 10 tonne capacity Hydra Crane from the site-Trident Hotel wherein the first defendant is said to have been carrying out work in the precincts of Bangalore International Airport Limited, has been allowed partly by directing the writ petitioner-first defendant to shift said Hydra Crane within 8-3-2016.

(2.) Parties are referred to as per their rank in the Trial Court and facts in brief which has lead to filing of this writ petition can be crystalised as under :

(3.) First respondent herein is the plaintiff in O.S. No. 6609 of 2013 and said suit came to be filed against writ petitioner-first defendant and second respondent-second defendant for recovery of a sum of Rs. 3,34,000.00 from first defendant and for a direction to the second defendant to immediately release the crane of the plaintiff which is in the custody of second defendant as security towards the outstanding amount due to them from first defendant-company. On service of suit summons both the defendants have appeared and have contested the matter. First defendant has filed the written statement traversing the plaint averments and denying the same except to the extent of admission made therein.