State of Madhya Pradesh & Ors. Vs. M/s. Naresh Wood Products (P) Ltd.
EmailAppeal: Civil Appeal No. of 1987.
(In SLP No.13400/86.)
(In SLP No.13400/86.)
Petitioner: State of Madhya Pradesh & Ors.
Respondent: M/s. Naresh Wood Products (P) Ltd.
Apeal: Civil Appeal No. of 1987.
(In SLP No.13400/86.)
(In SLP No.13400/86.)
Judges: A.P.SEN & V.BALAKRISHNA ERADI, JJ.
Date of Judgment: Mar 23, 1987
Head Note:
CIVIL PROCEDURE CODE, 1908
Order 39, Rule 1 – Mandatory injunction – Rate fixed by High Court for supply of Khair trees enhanced by Rs.30 per tree.
Order 39, Rule 1 – Mandatory injunction – Rate fixed by High Court for supply of Khair trees enhanced by Rs.30 per tree.
JUDGEMENT:
ORDER
1. Special leave granted. Arguments heard.
2. We are not satisfied that the High Court was right in the fact and circumstances of the case in granting a mandatory injunction under Order XXXIX, Rule 1, of the Code of Civil Procedure 1908. However, it appears that the order was made with the tacit consent of the Government and therefore we cannot interfere with the order. But at the same time, we think necessary in the public interest to direct that the rate fixed by the High Court for supply of Khair trees by the appellants to the respondents be increased to Rs.30 per tree. We further direct that the respondents shall furnish bank guarantee for the difference between the rate of Rs.37.40 per tree as claimed by the Government and the rate fixed by us, within six weeks from today and shall continue to keep alive the bank guarantee till the disposal of the suit by the District Judge. The High Court will dispose of the Appeal before it as early as possible and in any event, not later than two months from today.
3. The appeal is disposed of accordingly. No costs.
1. Special leave granted. Arguments heard.
2. We are not satisfied that the High Court was right in the fact and circumstances of the case in granting a mandatory injunction under Order XXXIX, Rule 1, of the Code of Civil Procedure 1908. However, it appears that the order was made with the tacit consent of the Government and therefore we cannot interfere with the order. But at the same time, we think necessary in the public interest to direct that the rate fixed by the High Court for supply of Khair trees by the appellants to the respondents be increased to Rs.30 per tree. We further direct that the respondents shall furnish bank guarantee for the difference between the rate of Rs.37.40 per tree as claimed by the Government and the rate fixed by us, within six weeks from today and shall continue to keep alive the bank guarantee till the disposal of the suit by the District Judge. The High Court will dispose of the Appeal before it as early as possible and in any event, not later than two months from today.
3. The appeal is disposed of accordingly. No costs.
