UNION OF INDIA Vs. YASH PAUL

JUDGEMENT

(1.) This order will also dispose of Civil Revisions No. 2049 to 2052 of 1989.

(2.) This revision petition is directed against the order of the trial Court dated June 8, 1989, whereby ex parte order of injunction was granted in favour of the contractor and against the Union of India restraining it from encashing the Bank Guarantee detailed in the application, under Order 39 Rules 1 and 2 read with Section 41 of the Arbitration Act.

(3.) A preliminary objection has been raised on behalf of the respondent contractor that since the impugned order was appealable, no revision petition is maintainable in view of sub-section (2) of Section 115, Code of Civil Procedure (hereinafter called the Code). In support of the contention, reliance was placed on Harbans Singh v. Rajinder Rajan, 1988 93 PunLR 467