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1987 Supreme(MP) 397

B.M.LAL
M. P. Oil Extraction Pvt. Ltd. – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
G.C.JAIN, N.S.KALE,

JUDGMENT :

( 1. ) THIS appeal under Order 41, Rule 1 (r), Civil Procedure Code is filed by the plaintiff/appellant against the order dated 18-3-1987 passed by the First Additional Judge to the Court of District Judge, Bhopal whereby injunction as sought for against the respondent State of Madhya Pradesh for encashment of Bank guarantee furnished by the appellant in favour of the respondent No. 1, State of Madhya Pradesh for a sum of Rs. 3 lakhs, has been rejected.

( 2. ) IN short, the appellant filed a suit for declaration, permanent injunction and rendition of accounts including claiming various reliefs. Though notice under section 80, Civil Procedure Code was served, yet the appellant felt urgency in seeking injunctio, therefore, an application under sub-section (2) of section 80, Civil Procedure Code was made for taking leave of the Court for granting interim relief in his favour before expiry of the statutory period of 60 days, as contemplated under section 80, Civil Procedure Code.

( 3. ) THE learned Trial Judge as such issued notice to the State Government and decided the application by the impugned order whereby not only that interlocutory application for grant of temporary inj















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