- (1.) Heard learned Counsel for the Petitioner and the learned AGA and perused the record.
(2.) This writ petition has been filed by the Petitioner under Article 226 of the Constitution of India for quashing the orders dated 9.11.2009, 7/8.2.2010 and 30.4.2010 (filed as Annexure-6 to the writ petition) passed by the learned trial court in Case Crime No. 1780 of 2006 (Karam Chand Thapar and Brothers (C.S.) Ltd. v. Nandini Roofing System Pvt. Ltd. and Ors. and also to issue a mandamus commanding the learned trial court to proceed with the trial in the aforesaid case immediately without any further delay.
(3.) Briefly stated the facts giving rise to the present petition are that the Petitioner required a supplier having the capacity and expertise of the manufacturing/fabrication of customized GCI sheets, which were required by the Petitioner for construction work at Tehri Dam. The Respondents misrepresented to the Petitioner that they had the required expertise of manufacturing/fabrication of customized GCI sheets. They were fully aware of the fact that their representation was false only in order to induce the Petitioner to part with their property. They falsely represented to have that capacity. The Petitioner parted with a huge money amounting to Rs. 24 lacs and further an amount of Rs. 18 lacs towards raw materials. The Respondents failed to deliver the GCI sheets to the Petitioner as per requirement. The Respondents retained the entire amount of money with them. The Petitioner demanded the money back from them, but they not only refused to, return that money, but also threatened to sell the entire raw materials and the machinery in the open market.;