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2008 Supreme(P&H) 2144

T.P.S.MANN
Parkash Chand – Appellant
Versus
Municipal Corporation – Respondent


Advocates:
For the Petitioner:Mr. Bikram Chaudhary, Advocate.
For the Respondent No.1 & 2:Mr. Mohnish Sharma, Advocate.

JUDGMENT

T.P.S. Mann, J.:- The plaintiff has filed the present revision against the order passed by the trial Court whereby his application under Order XXXIX Rules 1 and 2 C.P.C. for staying the recovery of Rs. 12,23~447/- was dismissed by the trial Court and the appeal preferred against the same, thereafter dismissed by the lower appellate Court.

2. The case of the plaintiff, as set up by him in the suit, was that a parking stand contract was given to him 24.4.1998. His bid of Rs. 7,50,000/- was accepted. An amount of Rs. 1,87,500/-, i.e., 1/4th of the auction money was deposited at the spot, while the remaining amount of Rs.5,62,500/- was to be deposited in monthly installments. However, the Municipal Corporation, Faridabad unilaterally changed the terms of allotment by requiring him to pay the balance auction .money within seven days of the acceptance of the auction. He had earlier filed a suit for permanent injunction, wherein the defendants filed their written statement. However, later on, the defendants stopped effecting recovery. Accordingly, the plaintiff withdrew his suit. As defendants No. 1 and 2 again threatened to recover the remaining auction money in lump sum, he file

















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