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2012 Supreme(All) 2027

PRAKASH KRISHNA, ARVIND KUMAR TRIPATHI
STATE OF U. P. – Appellant
Versus
TARA SINGH JAISWAL – Respondent


Advocates:
Counsel :
R.K. Chaubey and S.C. for the Appellants; P.K. Kashyap, P.N. Ganguly, P.R. Ganguly, W.H. Khan and J.H. Khan for the Respondent.

JUDGMENT

Hon’ble Prakash Krishna, J.—The above appeal has been filed against the judgment and decree dated 21st September, 2004 passed by Civil Judge (Senior Division), Allahabad in Original Suit No. 502 of 2003, by the defendants of the suit.

2. Tara Singh Jaiswal, the plaintiff instituted the aforementioned suit under Section 39/40 of the Specific Relief Act (hereinafter referred to as ‘the Act’) for mandatory injunction against the defendants directing and compelling the defendants to discharge and fulfill the obligation of payment of assessed contract value to the plaintiff arising out of the contact bonds (as detailed in Annexure-1 to the plaint). It was further prayed that the defendants be also directed to pay interest towards damages on the accrued principal sum assessed by the Court at bank rate of 18% per annum from 12.8.1996 till payment with usual relief regarding costs etc.

3. The plaintiff claims himself a contractor and general order suppliers. The suit was instituted on the pleas inter alia that he entered into various agreements with Executive Engineer, Provincial Division, U.P., P.W.D. Allahabad from time to time in execution of various types of jobs at the require













































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