MITHILA SHARAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Miscellaneous Appeal is preferred against the order dated 13.08.2010 passed by Sub Judge - I, Hazaribagh in Title Suit No. 86/2010 refusing injunction under Order XXXIX Rules 1 and 2 of CPC.

(2.) The Suit was instituted in the Court of Sub Judge claiming relief for a decree of Rs. 1,40,83,123/-(Rupees One Crore Forty Lacks Eighty Three Thousand One Hundred Twenty Three only) calculated towards payment of the Plaintiffs and detailed in Schedule-A of the plaint. The application for interim injunction was on the ground that certain materials used in the building work and machinery etc. have been taken away by the Defendant - Executive Engineer functioning under the Chief Engineer and Superintending Engineer, Building Construction Department, Government of Jharkhand, Ranchi.

(3.) The Plaintiff/ Appellant claimed that he is a registered builder and a contractor and was equipped for making construction on behalf of the Building Construction Department, Government of Bihar and Jharkhand. He was attributed the work of construction of residential/ non residential building of proposed Home-Guard Regional Training Institute, Hazaribagh with water supply and sanitary installation and internal electrification at the estimated cost of Rs. 4,11,84,883.00. Some earnest money was also deposited. Work order was issued on 30th November, 2005 vide order No. 3135 by the Executive Engineer.