TRG INDUSTRIES PVT LTD Vs. CHZK DORMASH SERVICES

JUDGEMENT

(1.) This is an application made by the plaintiff under Order 39 Rules 2 and 6 read with Section 151 CPC seeking directions of the court asking the defendants to remove grader from the site after furnishing the appropriate security or in the alternative to appoint Receiver to take charge of the grader and sell the same in the open market and deposit the sale proceed in the court.

(2.) Before dealing with this application it is necessary to give details of the facts in brief.

(3.) The plaintiff company was awarded the work of construction of 44 to 59.5 Km Lucknow-Kanpur Road. To enable the plaintiff to complete the work, the plaintiff required highly efficient and technically sound working machineries for smooth, timely and speedy execution of the work. Defendant No.3, representing itself as authorized dealer in Russain make Motor Grade DZ 180 fully hydraulic manufactured by defendant No.1 to be supplied by defendant No.2, approached the plaintiff with the specification, efficiency, performance and quality brochure,