U P STATE ELECTRICITY BOARD Vs. DASS PRATISTHAN

JUDGEMENT

(1.) This is an appeal filed by the defendant against the judgment and decree of the Court below dated 26.2.1985. The respondent seems to have filed a civil suit against the defendant-appellant in the Court below for grant of relief of permanent injunction to the effect that the appellant be restrained from re-auctioning or illegally disposing of the scrap material which was said to have been already auctioned in favour of the respondent.

(2.) It appears that at an auction sale of scrap material the plaintiff-respondent was the highest bidder. The bid had taken place on 21.6.1982 for an amount of Rs. 4,25,948.01. The plaintiff had deposited Rs. 56,000/- as earnest money as required in the auction notice. The rest of the amount was payable in two equal instalments and the scrap material was also to be lifted in two parts. On 2.8.1982 the. Superintending Engineer of the defendant department is said to have granted two months extension to the plaintiff for depositing the amount.

(3.) The First instalment was to be deposited within ten days from the date of the letter i.e. 12.8.1982. The second instalment was to be deposited within 30 days of the issuance of the letter. The plaintiff had alleged that on 12.8.1982 on account of some holiday he could not deposit the money. On 13.8.1982 he had gone to deposit the money but the concerned clerk had refused to accept the same. He is said to have lodged a protest also. On 13.8.1982 he was intimated that the deposited money was forfeited, which would mean that the auction sale was cancelled. The letter dated 13.8.1982 by which the forfeiture of the deposit was ordered is said to be without any authority and against the terms of grant of auction, therefore, the cause of action had arisen to the plaintiff to file the Suit.