IN THE HON’BLE HIGH COURT OF  M.P. JABALPUR DC Suit No. 4B 1st appeal

PETITIONER                     - MPSEB

V/s

RESPONDENT                 - M/s. Flowmore , New Delhi.

 GIST OF THE CASE:-

            For SGTPS 1&2 order for ACW Pumps & Motors was placed on M/s. Flow more New Delhi . Despite repeated requested M/s. Flowmore not submitted the security deposit BG & did not executed the order. Order placed on L2 bladder as per Risk purchase clause of the contract. Board incurred Addl. Expenditure of Rs. 19.35 lakhs due to this action an application filed by Board in District Court in 1994 for recovering this additional expenditure from M/.s Flowmore.

             Court vide order dtd. 09.10.2001 gave decision against the Board on the plea that since M/s. Flowmore have not submitted security deposit BG, hence no concluded contract was there hence Board can forefeet Earnest Money only & can not claim additional expenditure borne on a/c of risk purchase action. Shri Kanak Tiwari & Vivekanand Awasthy was our counsel in this case.

             First appeal against the decision of District Court was filed in M.P. High Court Jabalpur in Jan 2002. Appeal is to be admitted in the High Court. Shri M.L. Jaiswal is the counsel for the case. Lower Court vide order dtd. 21.11.02 issued decree to deposit Rs. 7562/-

             Application in M.P.High Court filed to grant stay against above order as first appeal which is pending for hearing in M.P. High Court.

Notice issued to M/s. Flowmore by our counsel regarding first appeal in the M.P.High Court.

PRESENT STATUS OF CASE:-

            (I). First appeal against decision of District  Court filed in M.P. High Court in Jan 2002 appeal yet to be admitted.

             (II).            Stay application against lower court order to remit cost of case to M/s. Flowmore amounting to Rs. 7562/- filled in M.P. High Court.