PAMPA MUKHERJEE Vs. SURI CIVIL CONTRACTOR A B

JUDGEMENT

(1.) This order disposes of IA No.6859/93 (under Order 2 Rule 2 CPC, filed by the defendant) and IA No. 10506/93 (under Order 38 Rules 1 & 5 CPC filed by the plaintiff).

(2.) The plaintiff is proprietor of a Firm engaged in fabrication of Maruti Gypsies. The defendant placed an order with plaintiff for fabrication of Maruti Gypsies in September, 1990 and a repeat order on 6th March, 1991. In December, 1991 the plaintiff apprehended forceful removal of the gypsies by the defendant without payment of fabrication charges. The plaintiff filed a civil suit on 30.11.91 in the Court of First Senior Subordinate Judge, Delhi wherein the limited relief sought for by the plaintiff was a permanent injunction restraining the defendant from removing the 23 gypsies from the workshop of the plaintiff without making the payment.

(3.) The suit is still pending. During the pendency of the suit, it is common case of the parties, that under interim directions made by the trial court, 18 gypsies were permitted to be removed by the defendant on payment of certain amounts. There was an appeal preferred to the High Court against an interim order of the trial court. 7 gypsies were permitted to be removed by the defendant on certain payments under the orders of the High Court which too were by way of interim arrangement.