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2001 DIGILAW 511 (JHR)

Central Coalfields Limited v. Utkal Coal Carriers Pvt. Ltd.

2001-07-26

GURUSHARAN SHARMA

body2001
JUDGMENT Gurusharan Sharma, J. 1. The sole opposite party filed title suit No. 127 of 1999 against the petitioners for perpetual injunction restraining them from receiving and in any way finalising any tender in pursuance of tender notice dated 10.9.1999. 2. Trial Court by order dated 27.4.2000 rejected prayer for interim injunction. Consequently, successful tenderers wee allotted the work in question. 3. The petitioners thereafter on 1.7.2000 filed a petition for deciding the suit on preliminary issue under Order XIV, Rule 2 of the Code of Civil Procedure. 4. By impugned order dated 21.7.200 trial Court rejected the said petition. 5. This revision application was filed challenging the said order. It was admitted for hearing by this Court on 18.10.2000 and further proceedings in the suit was stayed. 6. On 6.4.2001, petitioners filed I.A. No. 877 of 2001, in this Revision application to vacate the stay order dated 18.10.2000, annexing a copy of the petition dated 9.2.2001 filed by opposite party (plaintiff) in Title Suit No. 127 of 1999 for permission to withdraw the said suit as contract in question was already granted to others and the suit thereafter had become infructuous. 7. The said withdrawal petition was not being disposed of as the proceedings of the suit were stayed by this Court. 8. Accordingly, the interim order of stay passed in this case on 18.10.2000 is vacated and I.A. No. 877 of 2001 is disposed of. 9. This revision application is also disposed of as having not been pressed by the petitioners. Trial Court is directed to pass appropriate orders on the petition dated 9.2.2001 in accordance with law. 10. Revision application disposed of.