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1997 Supreme(Del) 7

M.S.A.SIDDIQUI
AIRPORT AUTHORITY OF INDIA – Appellant
Versus
DILBAGH SINGH – Respondent


Advocates Appeared:
D.K.SHARMA, P.R.Thakur, Y.K.Kapur

M. S. A. Siddiqui,j.

( 1 ) THIS appeal under Order 43 Rule 1 Civil Procedure Code is directed against the order of the Additional District Judge, Delhi dated 30th September, 1996 in Civil Suit No. 168/96.

( 2 ) THE appellant/defendant invited tenders for execution of certain work and the respondent/plaintiff submitted the tender. The tender submitted by the respondent was accepted by the appellant and the letter of acceptance dated 13. 2. 1996 containing certain terms and conditions of the contract was conveyed to the respondent. Formal contract was executed on 29. 2. 1996. The appellant terminated the contract vide letter dated 13. 9. 96. Aggrieved by the said action, the respondent filed a suit for mandatory injunction against the appellant. Alongwith the plaint, the respondent also filed an application under Order 39 Rules 1 and 2 for an ad interim injunction restraining the appellant from terminating the contract. The learned trial court by the impugned order dated 30th September, 1996 after hearing the parties, granted an ad interim injunction as sought by the respondent. Aggrieved by this order, the appellant has now come up in appeal before this court.

LEARNED counsel for th







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