UNION OF INDIA Vs. YOGENDRA SINGH

JUDGEMENT

(1.) This is an appeal preferred against order dated 14.8.2006, passed in Title Suit No. 191/2005, directing the appellants and other defendants (who are not made party to this appeal) to maintain status quo till final decision of the suit.

(2.) As it appears from the submission of learned counsels appearing on behalf of the parties as well as from the impugned order that the matter in the suit was involved with respect to two tenders were published by Head Office of South East Central Railway for supply and stacking of 56300 cum machine crushed stone ballast (conforming to specification of ballast issued by RDSO in January, 1999 corrected upto date). The plaintiff firm was successfully tendered bid and the tender was initially accepted, but, at subsequent stage some controversy arose as regard to initiation of the work and payments etc. giving rise to filing of the suit. Wherein initially petition under order XXXIX Rule 1 of the Civil Procedure Code seeking ad interim injunction against the defendants restraining them from taking any coercive steps was filed but, after hearing the parties which was refused by the court below observing that apprehension of the plaintiff appears to be imaginary one.

(3.) It further appears that on the basis of a letter issued by the authorities, of course, prior to refusal of prayer of injunction, the plaintiff respondent filed another petition under Section 94 of the Civil Procedure Code, wherein the court below after hearing the parties passed the impugned order directing the defendants to maintain status quo giving rise to this appeal.