STATE OF HARYANA Vs. DEEP MAYANK & ASSOCIATES

JUDGEMENT

(1.) Both these first appeals have been filed against the judgment dated 23.6.1993 and the decree following thereupon signed on 15.7.1995 by Sri Narendra Mishra, the learned Sub Judge 1st Patna in Title Suit No. 603 of 1992. Since both these first appeals arise out of the same judgment and decree, these are heard together and are being disposed of by this common judgment.

(2.) The defendant No. 1 i.e. State of Harayana and defendant No. 2 i.e. the Director of Lottery, have filed First Appeal No. 594 of 1993. The defendant No. 3 Dena Bank has filed other First Appeal No. 662 of 1993.

(3.) The plaintiff-respondent i.e. M/s. Deep Mayank and Associates filed the aforesaid title suit No. 603 of 1992 for a declaration that the agreement dated 29.6.1992 entered into between the plaintiffs and defendant Nos. 1 and 2 is illegal, void, arbitrary and not enforceable in law and the bank guarantee dated 28.7.1992 furnished by defendant No. 3 in favour of defendant No. 1 is void and not enforceable in law. The plaintiffs further prayed that the defendant No. 3 Dena Bank be directed to forthwith release the margin money and collateral securities to the plaintiffs. The plaintiffs also prayed for declaration that the plaintiffs did not commit any default and are not liable for damages and the defendants are not entitled to encash the bank guarantee G.T./100/92 dated 28.7.1992 given in favour of defendant No. 1. The plaintiffs further prayed to restrain the defendants by an order of injunction from encashing the aforesaid bank guarantee and also prayed for cost of the suit.