WELSPUN MAXSTEEL LIMITED Vs. ALANG MARINE LIMITED

JUDGEMENT

(1.) Rule returnable forthwith. Mr. N.K. Majmudar, learned advocate waives service of notice of rule on behalf of the respondent. By the consent of the learned advocates for the respective parties, the matter is taken-up for final hearing.

(2.) By way of present petition filed under Articles 226 and 227 of the Constitution of India, the original plaintiff - petitioner has challenged an order dated 1 st January, 2022 passed by the Principal Senior Civil Judge, Bhavnagar below an application dtd. 3/3/2020 filed by the present petitioner by which the trial Court has dismissed the application of the petitioner only on the ground that the petitioner has not complied with an earlier order dated 15 th February, 2020 passed below Exh.183 by the Principal Senior Civil Judge, Bhavnagar.

(3.) It is the case of the petitioner that initially the learned Principal Senior Civil Judge, Bhavnagar has passed an order dtd. 15/2/2020 by which the original plaintiff was absolved from the condition of lien on barge subject to production of irrevocable bank guarantee of nationalized bank of Rs. 2,25,00,000.00. Immediately, thereafter, the present petitioner filed an application on 3 rd March, 2020 for modification of the order under Sec. 151 of the Code of Civil Procedure, 1908.