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1980 Supreme(All) 51

K.N.SETH
UNION OF INDIA – Appellant
Versus
H. M. KAMALUDDIN ANSARI AND CO. – Respondent


Advocates Appeared:
NAVIN SINHA, S.N.Verma, V.K.BURMAN

K. N. SETH, J.

( 1 ) THIS revision by the Union of India and the Director General of Supplies and Disposal is directed against the order of the learned Civil Judge, Kanpur, directing the applicants to release the amount of Rs. 99,776 forthwith in favour of the opposite party. The impugned order was passed on an application for injunction made under Section 41 of the second schedule of the arbitration Act (hereinafter referred to as the Act) read with Order 39, Rr. 1 and 2 and Section 151, C. P. C. in a petition pending before the learned Civil Judge under Section 20 of the Act.

( 2 ) THE opposite party M/s. H. M. Kamaluddin Ansari and Company, a partnership firm, carried on the business of manufacture and sale of various items of webbing and web equipments. The firm and the Director of Supplies and Disposal, Tilak Nagar, Kanpur, and the Director General of Supplies and Disposal, New Delhi for and on behalf of the Union of India entered into contracts No. A/t No. KAN/109-J/kp-5/98/hmk/ 87-PAOD dated 29-10-1974 and A/t No. KAN/6989-M/kp/5/hmk/57/paod dated 7-7-1975 for supply of various items of webbing and web equipments. The case set up by the firm was that according to the terms a
















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