LAWS(UTN)-2015-5-4

STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT CORPORATION OF UTTARAKHAND LTD. Vs. MORPHOGENESIS ARCHITECTURE STUDIO PVT. LTD.

Decided On May 14, 2015
STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT CORPORATION OF UTTARAKHAND LTD. Appellant
V/S
Morphogenesis Architecture Studio Pvt. Ltd. Respondents

JUDGEMENT

(1.) BY means of present Civil Revision, the revisionist seeks to set aside the impugned order dated 21.05.2011 passed by learned Civil Judge (Senior Division), Dehradun, in Original Suit No. 574 of 2009, captioned as M/S Morphogenesis Architecture Studio Pvt. Ltd. v. State Industrial Development Corporation of Uttarakhand Ltd. and others whereby the condition was imposed upon the revisionist -defendant for defending the suit under Order 37 Rule 3 of CPC and the revisionist -defendant was directed to file bank guarantee amounting to Rs. 25:00 lacs.

(2.) WHEN the civil revision was taken up for admission on 21.07.2011, learned Coordinate Bench of this Court passed the following order:

(3.) TAKING a clue from the order of learned Coordinate Bench, this Court is of the view that the order impugned is a bald order sans any reason. The facts and law governing the field have also been reproduced hereinabove, hence this Court need not reproduce them once again for the sake of brevity. The order impugned, therefore, cannot sustain, in as much as, no reason has been assigned in the same as to why defendant (revisionist herein), was asked to furnish a Bank guarantee of Rs. 25 lacs.