STATE OF GUJARAT Vs. MASCOT PHARMACEUTICAL

JUDGEMENT

(1.) . This revision application under section 115 of the Code of Civil Procedure is directed against the order of the Assistant Judge, Ahmedabad (Rural) at Mirzapur in Civil Misc. Appeal No.189/95 thereunder the order of the Civil Judge (S.D.), Gandhinagar dated 29/9/95 below Exh.5 in Regular Civil Suit No.277/95 (New No.643/95) was reversed. Under the order aforesaid the learned trial court has declined to grant interim relief as prayed for by the plaintiff-respondent in the suit.

(2.) The facts of the case are that the plaintiff-respondent filed suit for declaration and permanent injunction restraining the defendant-petitioner from recovering the self-ascertained amount of damages to the extent of Rs.43,287=64. The plaintiff-respondent has been awarded a rate contract No. CMSO/DRUGS/RC/140-08/69/83543-893/91.92 dated 3/7/1991 by the defendant-petitioner for supplying Cynocobalamine Injunction I.P. each ml. contains An-hydrous Cynocobalamine I.P. 500 meg. in a box of 10 x 10 ml. Glass vials at the rate of Rs.32.50. The rate contract was valid upto 30th June, 1992. The plaintiff-respondent could not supply the aforesaid injections within the stipulated period according to the rate contract. He has given out the reasons that due to the price hike in the duty and as the material is imported item he could not supply the same within the stipulated time according to the contract. It is alleged that the circumstances were beyond its control. The defendant-petitioner gave a notice to the plaintiff-respondent dated 21/9/91 thereunder informed about the risk of purchase made by the defendant-petitioner and suffered damages as a result of non-fulfilling of the contract by the plaintiff-respondent. Under the notice dated 7/12/1993 he was called upon to pay the same. This notice is challenged in regular civil suit under reference. Interim relief as prayed for was not granted by the learned Trial Court but the learned Appellate Court has granted the same. The operative part of the Appellate Court's order reads as under :-

(3.) . This revision application was admitted on 12/3/1997. The impugned order of the court below was stayed to the limited extent in the terms of the following direction :-