This is a suit for declaration and permanent injunction.
2. Case of the plaintiff is that on various dates between the years 1976 to 1985 the plaintiff company had entered into 9 contracts with defendant No.1. The details of which are given in para.2 of the plaint. The plaintiff company has completed and handed over ail the above contracts and the work thereon. The final bills for the aforesaid projects have not been submitted so far. On the submission of the final bill the stores issued against each contract are to be reconciled with the quantities actually used in the execution of work. In spite of not having completed the accounting the defendant No.4 is raising a claim and insisting upon recovery of Rs.15,79,353.39. No such claim can be raised by defendants without first submitting the final bill and confirmation of the above contracts. Hence the plaintiff has prayed as follows:- (a)Declare that in the absence of finalization of the final bills of the plaintiff company for the several contracts referred to in paragraph 2 of the plaint, the question of any over payments to the plaintiff company on account of any alleged over issue of stores or otherwise cannot be determined' and therefore, the threatened recovery allegedly promised upon an over payment of Rs.15,79,353.39 to the plaintiff-company is patently mala tide, arbitrary, illegal and contrary to the provisions contained in the agreement between the plaintiff and defendant No.1 or even otherwise.
(b)Permanently restrain defendants Nos.1 and or 2 and all other defendants acting under their- authority or on their behalf or under their instructions from making any recoveries in terms of contents of defendant No.2's letter dated 13-8-1987 till the finalization of accounts in terms of the contents of the several running bills submitted by the plaintiff company against several contracts mentioned in paragraph 2 of the plaint.
(c)Grant cost of the above suit to the plaintiff company.
(d)Grant any other/further/better relief or reliefs deemed appropriate under the circumstances of the case.
3. The defendants were duly served with the summons. But they have chosen to remain absent.
Opne Nasrul Haq Sq. Leader had prayed for I adjournment and taken adjournment. Thereafter he too remained absent.
4. The plaint is verified on oath and is accompanied by photo copies of all the relevant documents.
The plaintiff's counsel is ready to produce the originals as and when called by the Court. The above evidence of the plaintiff has gone unchallenged and unrebutted. I, therefore, decree plaintiff's suit and grant declaration and injunction as prayed. The costs of the suit shall be borne by the aetenaants. Period of 3 months is specified for the satisfaction of the decree I under. Section 82, C.P.C.