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M. AZAM KHAN versus JOANNOU & PARASKEVAIDES (OVERSEAS) LTD.


Civil Procedure Code Order XXXIX CPC Temporary Engineers and Introductory Orders OXXX, RR1, 2 and Section 151 Interim Order, Subject to Claim, Royalty / Excavation of Surface Minerals in a Specific Area Was based on the agreement of While his complaint was that the defendants were digging surface minerals for the construction of the road and that the plaintiff who was entitled to collect the royalties which the defendants refused to stop, the plaintiff appointed the government contractor Was entitled to collect the royalty per truck, in accordance with the terms and conditions given by the defendants, even though the defendants were using minerals in public works, the plaintiff's case is of the first nature and if the amount of the royalty If not protected, the defendants, the foreign company, could leave the country, causing the plaintiff to incur irreparable harm. That is, the balance of the facility was in favor of the plaintiff as well, therefore, it was precluded from excavating and lifting the mineral without paying any royalty to the plaintiff on the condition that the defendants entitled to interim relief. Whereby the payment is due, the defendant's defendants were to be submitted to the court on specific days, while the present royalty will be paid every month till the due date, thus the amount deposited is lost according to the final decision of the suit. Will be done

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