LAWS(DLH)-2008-11-62

PURI INTERNATIONAL P LTD Vs. GRASIM INDUSTRIES LTD

Decided On November 21, 2008
PURI INTERNATIONAL (P) LTD. Appellant
V/S
GRASIM INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) BY this petition under Article 227, petitioner has assailed an order dated 19. 9. 2007 passed by learned ADJ declining a request of the petitioner/plaintiff for directing defendant/respondent to return the bank guarantee issued in favour of the respondent to the plaintiff. The trial Court while declining to give directions to the defendant for release of bank guarantee observed as under:-

(2.) IT is apparent that the order passed by the trial Court is purely interlocutory order. Under Article 227 the Court can interfere only if the order passed by the trial Court was beyond its jurisdiction or it suffered from material irregularity. The Court cannot interfere into purely interlocutory orders of the trial Court under Article 227. Legislature has specifically barred the remedy of a revision against interlocutory orders. After this bar the provisions of Article 227 cannot be resorted to assail interlocutory orders. The Court cannot exercise its jurisdiction under Article 227 in a casual manner.

(3.) THIS petition against the impugned order is not maintainable and is hereby dismissed.