WOODYS HOTEL PVT LTD Vs. PRASHANT KUMAR PANIGRAHY

JUDGEMENT

(1.) -Plaintiffs in O.S. No. 326 of 1997 are the petitioners in C.R.P. No. 2113 of 1997 and appellants in C.M.A. No. 225 of 1997. They are the petitioners in I.A. Nos. 3101 and 3102 of 1997. C.R.P. No. 2113 of 1997 is filed against the order in I.A. No. 3102 of 1997, and C.M.A. No. 225 of 1997 is filed against the order in I.A. No. 3101 of 1997. Defendant is the appellant in C.M.A. No. 236 of 1997, which is filed against the order in I.A. No. 3101 of 1997.

(2.) Suit was instituted for realisation of Rs. 5,39,590/ and also for other consequential reliefs. An agreement was entered into between the plaintiffs and the defendant for supply of kitchen articles for their new hotel which is being set up at Ernakulam. As. per the agreement, defendant received a sum of Rs. 3,25,0007- for supply of various articles. Defendant did not supply the articles accord- ing to specification, and articles supplied were also defective. Plaintiffs rejected most of the items except four items. Defendant was requested to take back the articles and to pay back the amount received from the plaintiffs. In the suit plaintiffs filed LA. No. 3102 of 1997 for a direction to the defendant to furnish security for the amount of Rs. 7 lakhs and also for immediate attachment of items shown in the attachment schedule.

(3.) Plaintiffs also filed LA. No. 3101 of 1997 under O. XXXIX Rr. 1 and 2 CPC for an injunction restraining the defendant from transferring, alienating, removing or otherwise dealing with the articles, equipments, etc. in the business premises of the respondent-concern at Bangalore.