Dear members, We have filed a OS No.8664/2012 in the city civil court bangalore for recovery and damages against 1) Our overseas supplier for not performing contactual obligations and supplying sub standard quality of materials 2) Banker of the supplier 3) Our banker ( Not to deliver back the document to supplier without permission of court and 4) asst Commissioner of Custom in whose custody cargo is lying at destination port.
Application to dispence with requirement of section 80 cpc was allowed but interem relief sought for was not granted by the court citing section 80 (2) of the cpc. Interem relief was sought from the court to issue direction to 4 th responcent (Asst commissioner of custom) not to deliver the cargo to either supplier or his agent and/or his shipping agent without the permission the court.
can any one guide me in this regard as to whether in any matter where in absence of compliance of section 80 cpc interem order is issued, if yes kindly provide with citation preferably of supreme court of india or High court of karnata.
No the mandate of S.80 is very clear. Sub section (2) allows filing in cases of extreme urgency but no interim relief can be granted. Since the provisions are mandatorily worded - there is no escape. However if you've had a correspondence that can be construed as notice as S.80 has to be construed in a justice oriented approach and not a pedantic one. Even correspondence if before 2 months can serve up well as notice if it
Another possible way out is to plead that the suit is in essence is not against government, and only preventive relief is asked against the government. I don't know how this would work out but you can try.
Furthermore S.80 applies only on suits. A Writ - if your fundamental rights are being violated - would still lie u/a 226 or 32.