JOSE M. K. Vs. SECRETARY, PUBLIC WORK DEPARTMENT

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.18 of 2018 on the file of Sub Court, Hosdurg, a suit to declare that the order dated 25.07.2013 of 3rd defendant Superintending Engineer (Roads and Bridges), Public Works Department, North Circle, Kozhikode, terminating the contract work, namely, "Stimulus Package Improvements to Kannavam - Idumba - Trikadipoyil Road from 0/000 kms to 6/100 kms", at the risk and cost of the plaintiff, is illegal and void; declare that the plaintiff is entitled to realise an amount of Rs.4,50,68,048/- from the defendants; and a permanent prohibitory injunction restraining the defendants from enforcing the risk and cost condition against the plaintiff.

(2.) During the pendency of O.S.No.18 of 2018, the 3rd defendant issued Ext.A1 notice bearing No.F2-875/2021 dated 30.03.2021 in order to blacklist the plaintiff. The plaintiff filed I.A.No.7 of 2021, a petition under Order XXXIX, Rules 1 to 3, read with Sec. 151 of the Code of Civil Procedure, 1908, seeking temporary injunction restraining the defendants or their employees from blacklisting the plaintiff, in consequence of the proceedings No.F2-875/2021 dated 30.03.2021, till the final disposal of that suit. The respondents opposed the interim injunction sought for by filing counter affidavit.

(3.) After considering the rival contentions, the Court below by the impugned order dated 08.04.2021 dismissed I.A.No.7 of 2021. Paragraph 11 of that order reads thus;