LAWS(BOM)-2018-2-405

MR. FELIX ANTONIO FERNANDES, S/O ANTONIO FERNANDES AND OTHERS Vs. THE CHIEF SECRETARY GOVERNMENT OF GOA AND OTHERS

Decided On February 12, 2018
Mr. Felix Antonio Fernandes, S/O Antonio Fernandes And Others Appellant
V/S
The Chief Secretary Government Of Goa And Others Respondents

JUDGEMENT

(1.) Admit. The respective Additional Government Advocates waive service. Heard finally by consent of the parties.

(2.) All these appeals involve a common and connected issue as to the legality of the order, rejecting the plaint under Order VII, Rule 11(d) of Civil Procedure Code (CPC). As such, all these appeals are being disposed of finally by consent of parties, by this common judgment.

(3.) The brief facts are that the appellants were awarded various civil contracts for execution of certain civil works in the year 2010. The work was completed somewhere in the year 2010- 2011. The respective appellants have filed five separate suits for recovery of the security deposit along with interest on the ground that the same has not been returned in spite of a notice being sent and matter being pursued. In the suits, applications came to be filed on behalf of the respondent/ State, for rejection of plaint under Order VII, Rule 11(a) and (d) of CPC.