DILIP BANERJEE Vs. SUKHAMOY UPADHYAY

JUDGEMENT

(1.) THIS revisional application is directed against the order dated 8. 8. 85 passed by triel learned district Judge, Burdwan, in Misc. Appeal No. 9 1 of 1985 directing the continuance off the stofy of the operation of the order dated 12. 7. 85 passed by the learned Munsif, 2nd Court, Asaisol, in Title Suit No. 68 of 1 982 , till the disposal of the misc. appeal.

(2.) THE caveat having been lodged, this revisional application has been heard as a contested application as desired by the parties.

(3.) THE opposite party nos. 1 to 3 as plaintiff of filed the title Suit No. 68 of 1 982 in the Court of the 2nd Munsif, "asanso, against the opposite party nos. 4 and 5 as defendant nos. 1 and 2 for a declaration that the action of the defendant nos. 1 and 2 entertaining/considering the tenders submitted by Sreeroa Transport Agency for the transport job as per Tender notice No. SAT/gm/sand Transport/81-t 122 dated 7. 2. 81 and SAT/-GM/transport/81 dated 4. 9. 81 were unlawful and void and that the defendants' company had' no right to accept the said tenders have said job and that the plaintiffs were entitled to be called or negotiating the rates quoted by them in the tenders sefty" by them on 1 '0. 8 1 in respect of that transport objective or permanent injunction restraining the defendant cos. 1 and 2 from enter of acting/consider/accepting the tenders of Srorta Transport Agency and also restraining them from and the tenders submitted by the eligible tenders for the said job and that plaintiffs were entitled to be called for negotiating the rates quoted by them in response to the tenders submitted by them on 11. 10. 81 in respect of that transport job and for permanent injunction restraining the defendant nos. 1 and 2 from entertaining /considering/accepting the tenders of sreena transport Agency and also restraining them from disposing of the tender submitted by the eligible tenders without giving any opportunity to the plaintiffs for negotiating the rates quoted by them in response to the tender Notice Nos. SAT /gm/transport /81 dated 4. 9. 81. The plaintiffs filed also petition for temporary injunction under Order 39 Rules 1 and 2 Code of civil Procedure and obtained the ad-interim injunction against the defender nos. 1 and 2 till the disposal of the petition for temporary injunction.