- (1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs: "a) By an appropriate writ, order or direction, the impugned order dated 22.08.2017 (Annexure-P/10) and 23.09.2017 (Annexure-P/16) passed by the learned Additional District Judge No.1, Udaipur in case No.7/2016 CO, Commercial (National Construction Company Vs. RSMML) may kindly be quashed and set aside; and directions and order may kindly be suitably modified; and if need be earlier order dated 30.04.2012 may kindly be clarified/modified for ends of justice; and b) Appropriate directions may kindly be issued to the respondent no.3, in the facts and circumstances of the case and it may further be directed to release the petitioner from its liability and any purported action at the hands of the respondent No.3; and c) Petitioner's application dated 23.09.2017 (Annexure-P/14) may kindly be allowed and objection made by the petitioner on the application of the plaintiff may kindly be allowed; and d) appropriate orders and directions may kindly be issued and petitioner's right may kindly be ordered to be safeguarded; and e) During the pendency of the writ petition effect and operation of the impugned order dated 22.8.2017 (Annexure-P/10) and its consequential action/orders may kindly be stayed; and f) Any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner."
(2.) The petitioner is a registered Government Company known as "Rajasthan State Mines & Minerals Limited" (in short, 'the RSMML') engaged in mining production and its marketing.
(3.) The controversy arose when the suit was filed by respondent No.1 on 16.02.2012 against the RSMML, the present petitioner, for recovery of Rs.92,59,66,848/- for the dues arising out of the contractual dispute between the parties.;