MAHARASHTRA JEEVAN PRADHIKARAN Vs. LARK CONSTRUCTION P

JUDGEMENT

(1.) THIS appeal is directed against the order' dated 17. 7. 2004 passed below Ex. 39 in Spl. Civil Suit no. 14 o f 2003 by the Civil Judge, SD. , Panvel, whereby original defendant Nos. 1 and 2 were restrained from recovering and withholding the amount of Rs. 14,36,730/-alleged to be due and payable to the plaintiff by the defendants against the work carried out at Chandrapur and Mangaon, with further direction to release the said amount in favour of the plaintiff, subject to furnishing solvent surety within a period of two weeks. The parties to the appeal are hereinafter referred to in their original capacity. Factual Backgroundss

(2.) THE factual backgrounds giving rise to the present appeal reveals that the respondent No. l is the original plaintiff; whereas appellants are defendant Nos. i and 2. The respondent No. 2 is the state of Maharashtra, represented by the Collector? raigad and Principal Secretary, Water Supply and sanitation, Mantra1aya, Mumbai.

(3.) THE plaintiff filed a suit for recovery of Rs. 98,42,283/- alleged to be the amount due and recoverable from the original defendants on account of work of providing, manufacturing and erecting godbols Type Automatic Gates to strengthen dehrung-Dam, Panvel Water Supply Scheme Stage IIIA, at Panvel, District Raigad. According to the plaintiff, the said work was awarded to it as per work- order dated 3. 12. 1998. The said work was to be completed within a period of 18 months expiring with 2. 6. 2000. The plaintiff claims it has executed part of the work, rest of the work could not be executed due to non-cooperative attitude of the original defendant Nos. 1 end 2, the appellants herein. The plaintiff has, thus, set up money claim against them by way of suit in question.