T.P. VARGHESE @ VARKEY PROPRIETOR, M/S.T.P. CONSTRUCTIONS TRISSUR Vs. FAST LINE BUILDERS & DEVELOPERS KERALA PVT.

JUDGEMENT

(1.) Notice was issued and 3 for a decree for prohibitory injunction and to restrain respondents 2 and 3 from allotting construction of the university building to anybody else. According to the 1st respondent, he being the highest bidder, his bid should have been accepted. But, without accepting that bid, respondents 2 and 3 attempted to allot the work to the petitioner, who according to the 1st respondent is the 2nd lowest tenderer and does not possess the required qualification. 1st respondent filed I.A. No. 2974 of 2012 for an order of temporary injunction in the above line. Learned Principal Sub Judge, Thalassery, as the teamed counsel submitted granted ex parte, ad interim order of injunction against respondents 2 and 3 as above stated. Later, purportedly, to enforce the said order of injunction, the 1st respondent filed I.A. No. 925 of 2013 requesting that construction of building may be stopped with the assistance of the SHO, Kannur. That application was allowed by Ext. P3, order.

(2.) Learned counsel for petitioner contends that notwithstanding that 1st respondent was aware that the construction work is going to be allotted to the petitioner, he was not made a party in the suit, in the application for injunction or even in I.A. No. 925 of 2013. Learned counsel submits that petitioner has already started construction of the building. It is submitted that the work was handed over to the petitioner (by the respondents 2 and 3) on 29.05.2012 and as directed by the respondents 2 and 3 as per Ext. R2, notice, petitioner has executed Ext. P1, agreement in favour of respondents 2 and 3 on 08.10.2012. It is also submitted that learned Sub Judge passed the ex parte, ad interim order of injunction on 08.10.2012. Since Ext. P3, order affects the interest of petitioner who is not a party to the proceeding, that order cannot be sustained and it is liable to be questioned and interfered with under Article 227 of the Constitution of India, it is argued.

(3.) Learned Standing Counsel for respondents 2 and 3 contends that the order of injunction against respondents 2 and 3 is not legal and proper. It is also submitted that the work is already allotted to the petitioner.