PURNA MEDIUM PROJECT DIVISION Vs. Y R REDDY

JUDGEMENT

(1.) BY this Civil Revision Application, the Executive Engineer, Purna Medium Project Division (defendant No. 2) in a suit filed by the respondent No. 1, M/s Y. R. Reddy, Engineers and Builders, challenges the order dated 24-4-2001 by which the trial Court has allowed the respondent No. 1 to withdraw the suit instituted by it with liberty to file a fresh suit.

(2.) THE respondent No. 1 M/s Y. R. Reddy, Engineers and Builders, hereinafter referred to as the "contractor", was awarded a contract for doing certain work. That contract was terminated on 16-6-2000 on the ground that the contractor had only done 23. 77% of the work in 100% of time. After the contract was terminated, the Executive Engineer issued a notice dated 6-8-2000 inviting tenders for award of the said work to other contractors.

(3.) THE contractor, therefore, instituted Regular Civil Suit No. 470 of 2000 in the Court of the Civil Judge, Senior Division, Amravati, and sought, inter alia, an injunction to get all the contract work entrusted to the contractor completed under the supervision of the competent authority in the presence of a representative of the contractor. Incidentally, the contractor sought a mandatory injunction directing the applicant herein to get technical measurement of the work done by the contractor under proper supervision before issue of the work order to the new agency under the tender notice dated 6-8-2000. The contractor also sought a mandatory injunction to complete the measurement process in the present state of affairs before commencement of further work by the new agency.