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2004 Supreme(J&K) 130

SYED BASHIR-UD-DIN
State Forest Corp. , J&K – Appellant
Versus
Ab. Hamid Thoker – Respondent


Advocates Appeared:
Advocate For Appellant: J.A. Kawoosa
Advocate For Respondent: Z.A. Shah
Advocate For Respondent: M.Y. Bhat

Against Appellants suit for declaration and injunction filed by respondents is pending on the file of Addl. District Judge, Srinagar. As Contractors under State Forest Corporation, the plaintiffs challenged the Management decision and Circulars prohibiting payment of in built charges in respect of works executed after 17.1.2002 and on pleas taken thereto have prayed for declaring the Management decision and the Circulars and other orders on the subject as null and void besides praying for payment in respect of allotted and completed works subject of the suit. Plaintiff-applicants also moved an application for interim relief regarding payments for the works completed after 17.01.2001 which also include additional allotted works in RB1, RB4, RB16, and RB-17. The trial court after inviting objections and after hearing the parties allowed the application on 27.6.2002 in terms as under:-

"As such application is granted i.e payments shall be made to the applicants for the work done up to 17.01.2001 including additional works done in the compartment No. RB-1, RB-4, RB-16 and RB-17 on account of in-built charges, transportation, extraction and mahaning in terms of management decision No. 1




















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