Maharashtra Industrial ... vs Govardhani Construction Company ...
2021 Latest Caselaw 1014 Bom

 FA956.13.odt                                    1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.


                               FIRST APPEAL NO.956/2013

     Maharashtra Industrial Development Corporation through its Chief Executive
                                 Officer and others.
                                         Vs.
     Govardhani Construction Company through its Partner-Vijay Narayan Mhatre.

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 Office Notes, Office Memoranda of                             Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order

                Shri M.M.Agnihotri, Advocate for appellants.
                Shri C.S.Kaptan, Senior Advocate with Shri J.B.Gandhi, Advocate for
                respondent.


                   CORAM :-        A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.

DATED :- JANUARY 15, 2021.

We had heard the learned counsel for the parties at length and had thereafter reserved the judgment.

It is seen from the record of the trial Court vide Exhibits 53 and 57 that Writ Petition No.2059/2003 had been filed by M/s. Phenix Engineers for challenging the acceptance of tender of the respondent-plaintiff. In that writ petition the High Court on 15.05.2003 passed an ad-interim order restraining the appellants-defendants from issuing any work order in favour of the respondent-plaintiff. This writ petition was thereafter dismissed for want of prosecution on 10.12.2003.

In the light of this position obtaining from the record, the question as regards effect of the ad-interim order of injunction and consequently applicability of the provisions of Section 56 of the Indian Contract Act, 1872 arises for consideration. This aspect was not argued by either of the learned counsel for the parties. We however find that this aspect

does arise for consideration in the light of the material on record in the form of Exhibits 53 and 57.

Thus in terms of the provisions of Order XLI Rule 2 of the Code of Civil Procedure, 1908, an opportunity is granted to the parties to address the Court on the following question :

"Whether in the facts and circumstances of the case, the provisions of Section 56 of the Indian Contract Act, 1872 would be attracted in the light of the ad-interim order dated 15.05.2003 in Writ Petition No.2059/2003"?

Put up on 19.01.2021 for hearing on this question alone.

                                JUDGE                               JUDGE


 Andurkar..