TARA ULTIMO PRIVATE LIMITED Vs. SHABBIR HASAN KHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties. Perused their pleadings, documents relied upon by them and the impugned order.

(2.) To state in brief, the respondent No.1, who is the plaintiff, is a contractor to whom licence has been given by the respondent Nos. 2 and 3, the original defendant Nos. 1 and 2, for removal of waste material, garbage, etc. from SEEPZ, Special Economic Zone (SEZ) area at Andheri in Mumbai. The appellant is the original defendant No.3 and runs a unit for making jewellery in the SEEPZ area. Respondent No.3 is the Development Commissioner, SEEPZ, Special Economic Zone, while the respondent No.2 MIDC is an Authority under the State of Maharashtra and has been authorised by the Development Commissioner to discharge certain functions on behalf of the Development Commissioner under Section 47 of the Special Economic Zones Act, 2005 (hereinafter referred to as "the said Act").

(3.) According to the respondent No.1, under the contract given to him by the respondent NO.2, he is entitled to remove and dispose of the garbage, debris, waste material generated in whole of the SEEPZ area, including the septic tank attached to the individual units operating in that area. According to him, the present appellant is obstructing him from cleaning the septic tank attached to its units and from removing the garbage, debris or waste material or silt from the said septic tank and he intended to engage some other contractor for this purpose. According to him, under the contract, during the period when the contract in his favour is in force, neither the respondent Nos. 2 and 3 nor the appellant can appoint any other contractor nor they can remove any garbage or waste material from any part of the SEEPZ area including the septic tanks attached to the individual unit. He contends that for this contract, he has paid huge contract amount of Rs.7,86,92,000/- for a period of one year. As this contract is still in force, the appellant cannot be allowed to engage any other contractor nor he can obstruct the respondent No.1 from carrying out his functions as per the said contract. With these pleadings, Respondent No.1 - the original plaintiff filed S.C.Suit No.272 of 2008 seeking declaration of certain rights in his favour and also perpetual injunction restraining the respondents from obstructing the plaintiff from removal of waste material from the SEEPZ - SEZ,area Andheri, Mumbai, including the Septic Tank of the unit of defendant No.3, who is the present appellant. He also took out Notice of Motion No.326 of 2008 seeking temporary injunction of the same nature pending the final hearing and disposal of the suit. Besides that, he also sought a temporary injunction restraining the respondents from appointing any other contractor for removal of the waste material from the SEEPZ area until the expiry of his contract.