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2017 Supreme(Ori) 584

A.K.RATH
JKM-ARSS – Appellant
Versus
Mahanadi Coalfields Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K Parija, Sr. Adv., Mr. N.K. Sahu, Adv., Mr. Ramesh Singh, Adv., Mr. V.Mohapatra, Adv.
For the Opp. Parties : Mr. S.D. Das, Sr. Adv., Mr. D. Mohanty, Adv., Mr. H.K. Behera, Adv., Mr. A. Mishra, Adv.

JUDGMENT :

Dr. A.K. Rath, J.

1. This petition challenges the order dated 19.7.2016 passed by the learned 2nd Addl. District Judge, Sambalpur in FAO No.3/4 of 2016. By the said order, learned appellate court dismissed the appeal and confirmed the order dated 29.1.2016 passed by the learned Civil Judge (Senior Division), Sambalpur in I.A No.42 of 2015, whereby and where under learned trial court dismissed the application under Order 39 Rule 1 and 2 CPC filed by the plaintiff.

2. The petitioner as plaintiff instituted C.S. No.399 of 2015 in the court of the learned Civil Judge (Senior Division), Sambalpur for a declaration that the cancellation of award of work to the plaintiff vide letter of acceptance dated 26.08.2014 by the defendant no.2 vide letter dated 16.10.2015 is declared illegal and void impleading the opposite parties as defendants. The plaintiff filed an application under Order 39 Rule 1 and 2 CPC to restrain the opposite parties-defendants from giving cumulative effect to the order of cancellation dated 16.10.2015 issued by the defendant no.2 or to secure the interest of the petitioner qua the project of public importance.

3. The case of the petitioner is that opposite parti
























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