J&K INDUSTRIES Vs. MOHD AMIN MOHD ASLAM

JUDGEMENT

(1.) THE courts below have granted ad -interim relief on conditions, which is assailed in this revision petition.

(2.) IT seems that the respondents have filed a suit or mandatory injunction to the effect that they were allotted 5100 Kgs of ruffle yarn (1/42, 2/42) on the terms and conditions which are contained in the allotment order sanctioned by the defendant No. 2 vide the communication dated 25 -10 -1986. The plaintiff has lifted 2255 kgs of yarn cut of the allotted quota and prior to that he is said to have deposited Rs. 20,000/ - as security on 3 -11 -1986. In this manner the contract came into existence between the parties and the plaintiff was entitled to receive 5100 kgs of ruffle at the rate of Rs. Ill/ - per kg. The plaintiff was also required to pay Rs. I/ - per kg. as security amount which already stands deposited. Plaintiff is said to have been ready and willing to receive the quota of ruffle yarn, but the defendants failed to supply the same and the defendants have in this manner failed to discharge their contractual obligation. The plaintiffs said to be entitled to receive the balance quantity of ruffle yarn which comes to 2845 kgs. at the rate of Rs. Ill/ - per kg. Despite several repeated requests made to the defendants to supply the ruffle yarn, they have failed to discharge their obligation to supply the ruffle yarn to the plaintiff therefore the suit for mandatory injunction Ancillary to the suit. An application has also been filed by the plaintiff for grant of ad -interim relief to the effect that the defendants be directed to release the balance of ruffle yarn in favour of the plaintiff which the two courts below after hearing both the sides have granted after imposing certain conditions on the plaintiff.

(3.) DEFENDANTS have filed the written statement also which is on the file.