TAJ BUILDERS Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS revision petition arises out of an order dt. 9-8-1984, passed by the VI Additional Judge to the court of the District Judge, Indore thereby disposing of an application under S.41 of the Indian Arbitration Act (hereinafter referred to as the Act), read with O.39, Rr.1 and 2, C.P.C.

(2.) FACTS necessary for disposal of this revision petition, stated in brief, are that the petitioner-firm is a registered contractor. The firm had entered into a contract for construction of inner roads and service roads in the Indira Complex, Naulakha, Indore. Initially this work was to be carried out by the Indore Municipal Corporation, but it appears that eventually the work was entrusted to the Indore Development Authority, Indore, under the directions of the State Government.

(3.) IN the meantime the INdore Development Authority issued a notice, calling for fresh tenders in respect of the work, which was to be completed by the petitioner. The tenders were to be received till 25-5-1984, but the petitioner on 24-5-1984 moved the lower court with an application under S.41 of the Act, read with O.39, Rr.1 and 2, C.P.C. and the lower court holding that the petitioner was entitled to an ex parte injunction, passed an order restraining the respondents from opening and accepting any tender in respect of the work, which was the subject-matter of the petitioner's contract.