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2002 DIGILAW 165 (PAT)

Radha Krishna Exports Pvt. Ltd. v. Pandaul Co-operative Spinning Mills Ltd.

2002-02-05

S.K.KATRIAR

body2002
Judgment 1. Heard learned counsel for the petitioner. 2. The plaintiff is the petitioner. This civil revision application is with respect to the order dated 17.7.2001, passed by the learned Sub-Judge-I, Madhubani, in Title Suit No. 71/2000 (M/s. Radha Krishna Exports Pvt. Ltd. V/s. Pandaul Co-operative Spinning Mills Limited), wherein he has observed that the petitioners claim to the balance of 24, 867 Kgs. of cotton will be considered at the time of final hearing. 3. In view of the nature of the order, I do not feel the need to issue notice to the defendants who are opposite parties before me. This order is by way of clarification of my order dated 14.2.2001, passed in M.A. No. 459 of 2000. The plaintiff has instituted the aforesaid Title Suit for certain reliefs which need not be detailed at this stage. The plaintiffs application under Order 39, Rules 1 and 2 of the Code of Civil Procedure had been rejected on the ground that the plaintiff can easily be compensated in terms of money Aggrieved by that order, the plaintiff preferred the said M.A.No. 459/2000 in this Court which was disposed of on 14.2.2001 (Annexure-1), whereby the appeal was allowed and the trial court was directed to ensure delivery of 89, 537 Kgs. of cotton within a period of one month from the date of production of a copy of the order. 4. It appears that pursuant to the order of this Court, the trial court took steps for delivery of the said quantity of cotton, and 64, 670 Kgs. of cotton lying in the defendants godown has been delivered to the plaintiff. it appears from the impugned order dated 17.7.2001 that the defendants have shifted the balance of the stock of cotton from its godown to other portions of the Mill premise, for example, blow room and the Mill house. In that view of the matter, he has observed in the impugned order that the question of delivery of the balance of 24, 867 Kgs. of cotton shall be considered at the time of final hearing. 5. Learned counsel for the petitioner submits that the trial court over-looked the spirit of the order of this Court passed in M.A. No. 459/2000. in his submission, the spirit of the order of the High Court is that during the pendency of the suit, 89, 537 Kgs. of cotton shall be considered at the time of final hearing. 5. Learned counsel for the petitioner submits that the trial court over-looked the spirit of the order of this Court passed in M.A. No. 459/2000. in his submission, the spirit of the order of the High Court is that during the pendency of the suit, 89, 537 Kgs. of cotton which had been supplied by the plaintiff to the defendants and now available in the entire precincts of the defendants factory should be delivered to the plaintiff, whereas the trial court has taken the narrow view and confined it to the factory godown. 6. Having considered the submission, I am of the view that the trial court has not appreciated the true spirit of the order of this Court. By its order dated 14.2.2001, this Court meant that 89,537 Kgs. of cotton to be found in any portion of the factory precincts should be delivered to the plaintiff so that irreparable injury is not done to him on account of pendency of the suit. This Court did not observe in the order that the stocks of cotton found in the godown alone would be delivered to the plaintiff. 7. In that view of the matter, the trial court is hereby directed to take up the matter once again and deliver further quantity of 24,867 Kgs. of cotton, if found in any portion of the factory precincts of the defendants within two weeks from the date of production of a copy of this order. 8. This civil revision application is disposed of with the aforesaid clarifications.