ANWAR HUSSAIN Vs. ZILA PARISHAD AND ANR.

JUDGEMENT

(1.) This appeal is directed against order refusing ad interim injunction.

(2.) What appears is that on the initiative of Zila Parishad, Moradabad, recovery proceedings are taking place against the appellant in respect of Rs. 43,000.00 as balance of thekka money for contract of lifting dead animals, their bones and skins. Plea raised by the plaintiff appellant in the Trial Court was that he never offered any bid in the auction and there was no contract between him and the Zila Parishad. With the plaint appellant presented an application for ad interim injunction restraining the defendant respondents from recovering Rs. 43,000.00 from the plaintiff appellant.

(3.) Zila Parishad resisted the application and filed objections. It asserted that plaintiff appellant offered bid and contracted for lifting dead animals, their bones and skins. According to Zila Parishad the bid of the plaintiff appellant was Rs. 2,01,000.00. He paid Rs. 1,62,000.00 only and sum of Rs. 43,000.00 is still due. Hence recovery proceedings were launched.