PRADEEP 4T OWNERS ASSOCIATION Vs. SUSANTA KUMAR SAMAL

JUDGEMENT

(1.) Heard Mr. Maheswar Mohanty, learned counsel for the Petitioner and Mr. Samvit Mohanty, learned counsel for the Opposite Party.

(2.) This CMP arises out of the order dtd. 6/1/2021 (Annexure-11) passed by learned Addl. District Judge, Kujang in FAO No. 19 of 2020, whereby he confirmed the findings in order dtd. 16/12/2020 (Annexure-9) passed by learned Senior Civil Judge, Kujang in I.A. No. 211 of 2020 (arising out of C.S. No. 243 of 2020) and directed the Opposite Party herein to deposit 70% of the freight cost in the bank account of the Petitioner-Defendant No.1 in advance prior to transportation of Cargo by the Trucks of the Petitioner Association.

(3.) The averments made in the CMP reveal that the Opposite Party, a registered transporter, filed C.S. No. 243 of 2020 in the court of learned Civil Judge (Senior Division), Kujang for permanent injunction to restrain the Defendant No.1-Association (present petitioner) from transporting Phospho-Gypsum purchased by Defendant No.2 from Defendant No.3-Paradeep Phosphate Limited (PPL) by any transporter other than the Plaintiff (Opp. Party herein) and for a mandatory injunction to direct the Defendant No.1-Association (Petitioner herein) to transport Phospho-Gypsum purchased by Defendant No.2 from Defendant No.3-PPL through the Plaintiff-transporter and for other consequential and ancillary relief.