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2004 Supreme(Bom) 1595

B.P.DHARMADHIKARI
Karan Marketing – Appellant
Versus
Shagun Mahila Audyogik Sahakari Sanstha Maryadit & another – Respondent


JUDGMENT - DHARMADHIKARI B.P., J.: - In appeal against Order No. 44 of 2004 filed by the original plaintiff challenge is to the order dated 8-6-2004 passed below Ex. 6 by 4th Ad hoc Additional District Judge, Chandrapur, in Special Civil Suit No. 65 of 2004. The said application at Ex. 6 was for attachment before judgment. The same plaintiff has also filed Appeal against Order No. 45 of 2004 which is directed against the order of even date passed below Ex. 5 whereby the trial Court has rejected the prayer of plaintiff for grant of restraining order in relation to one term deposit receipt. The necessary facts in this respect can be briefly stated as under :

The Suit filed by present appellant is in relation to the amount which it has to recover from respondent No. 1. Respondent No. 1 is a Co-operative Society registered under the provisions of Maharashtra Co-operative Societies Act, 1960, and had got work of transportation/supply of food grains to various Anganwadis of respondent No. 2 Zilla Parishad which are located in Chandrapur district. The agreement in this respect is entered into between respondents No. 1 and respondent No. 2 on 27-7-2001 and thereafter respondent No. 1 has e






























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