SYED MUSADIQ SHAH Vs. BOARD OF DIRECTORS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2nd of July, 2008 passed by First Additional District Judge, Srinagar, whereby and whereunder application for grant of ad -interim relief came to be dismissed, on the grounds taken in the memo of appeal. Brief Facts of the Case:

(2.) IT is averred in the plaint that in the month of March, 2008, defendants/ respondents appears to have resolved for outsourcing of the management of the suit property comprised of Gulmarg Hotel situated at Boulevard Road, Dalgate, Srinagar. Plaintiff/ appellant submitted his bid in response to the offer. The defendants/ respondents conducted negotiations with the authorized representative of the plaintiff and accordingly, it was agreed by the plaintiff to pay Rs.19.11 lacs in addition to the security amount of Rs.3.00 lacs which he had already deposited within time and it was further agreed that formal order shall be issued in favour of the plaintiff/ appellant. Plaintiff/ appellant while following the terms and conditions deposited amount of Rs. 19.11 lacs and demand draft of Rs.9,55,500/ - and approached the defendants. They expressed inability to receive the drafts in view of the restraint order passed by this Court in OWP No.284/2008 titled JK Traders Vs. State and others, it is also averred that plaintiff/ appellant was constrained to file application for impleadment but in the meantime, he came to know that defendants/ respondents have decided to continue with the business of their own and also conveyed their intentions to the plaintiff that they are no longer interested in outsourcing the management of above said property. Feeling aggrieved, plaintiff filed the suit for declaration, permanent injunction and mandatory injunction. Respondents filed objections/ written statement. After hearing learned counsel for the parties, the application for ad -interim relief came to be dismissed vide impugned order.

(3.) IN terms of order No.125 of 2008 dated 22.05.2008, the notification dated 14.02.2008 came to be cancelled and plaintiff was in know of the said fact but he has not challenged the same.