STATE OF U P Vs. BHAGAT RAJA ASSOCIATE

JUDGEMENT

(1.) S. C. Mohapatra, J. This is an appeal by defendants against an order of temporary injunction against them in a suit for permanent injunction.

(2.) PLAINTIFF is a partnership firm carrying on business as works con tractor. Pursuant to invitation of tender in June, 1993, it submitted a tender for the work of digging and filling of lower Rajghat canal. PLAINTIFF deposited the required earnest money and on opening of tender on 24-7-1993, it was found to have offered the lowest rate. When plaintiff was not given the work order, it has filed the suit for permanent injunction against defendants. Contractor carrying on business for profit maximum, plaintiff has lost some profit on account of breach of contract. He cannot claim damages and, accordingly, a partnership firm carrying on business of work on contract can not be said to have irreparable injury in case there is breach of contract as claimed by plaintiff.

(3.) WHEN offers are invited, person offering does not know that his offer would be accepted. There may be circumstances, when even the lowest tender may not be accepted. Therefore, normally in matter of contract where a person carries on business for profit, temporary injunction either not to entrust the work to another or to entrust the same should not be granted unless strong exceptional case is made out in support of irreparable injury. This is not such a case and learned trial Judge has not kept the principle in mind for which impugned order has become vulnerable.