ANJANA KUMAR BEHERA Vs. KUMAR BEHERA AND OTHERS

JUDGEMENT

(1.) These two civil revisions by the plaintiff arise out of the same appellate order vacating the order of temporary injunction granted by the trial court under order 39, Rule 1, Code of Civil Procedure.

(2.) The dispute relates to licence for vending ghee dispute northern side ghee dip shop of Cuttack Chandi Temple, a public religious institution, in Cuttack town governed under the Orissa Hindu Religious Endowments Act, 1951. The institution is managed by a Board of Trustees appointed for the purpose For the year 1988-89, the Executive officer invited tenders in respect of licence for vending ghee dip in 1he shop. Tender and licence are governed by a set of printed terms fixed by the Board of Trustees. Some of the terms are that the Board is not bound to accept the highest bid. Experience and past conduct in not committing any default would be given preference. After acceptance of the tender, no concession shall be given to the tenderer. On acceptance of the tender, the tenderer shall deposit.the bid amount by 29th March. In case the entire amount is not possible to be deposited, half of the bid amount with bank guarantee for the rest details of which shall be mentioned in the tender is to be given failing which tender shall not be accepted. Offset value was fixed for each shop. In respect of northern ghee dip shop the same is Rs. 1,50,000.00.

(3.) With these terms, petitioner who was the licensee for the year 1987-88 in respect of the shop and opposite party No. 1 submitted their tenders amongst others. Opposite party No. 1 was the highest bidder offering Rs. 2,00,101.00 for getting privilege of selling the ghee dip in the disputed shop. Petitioner offered Rs. 1,35,525.00 for the same tender of the opp party No. 1 was accepted by the Board of Trustees on 27.3.1988 Before that on 25.4.1988, the Executive officer intimated the opp. party No. 1 that the entire amount is to be deposited by 29.3.1988 and an agreement is to be signed. In case the entire amount is not possible to be deposited half of the amount would be deposited and for the balance bank guarantee is to be given by that date and the guaranteed amount is to be brought to the fund of Trust by 15.9.1988. In case the amount is not deposited within the stipulated time, the Trust Board may be compelled to engage another licensee for the purpose. On 29.3.1988,OP. No. 1 filed an application before the Managing Trustee-cum-Executive Officer that although his tenders for the northern bhog shop as well as the northern ghee dip shop have been accepted on account of his highest bid he is not able to collect all the money together and accordingly, so far as the ghee dip shop, he requested for accommodation to deposit on 29.3.1988 Rs. 70.000.00 only. The balance Rs. 30,050.00 with bank guarantee for the rest was undertaken to be deposited by noon of the next day. The Managing Trustee-cum-Executive Officer permitted him to deposit Rs. 70,000.00 in cash and also permitted to furnish bank guarantee of Rs. 1,00,050.00 and deposit of Rs. 30,050.00 by the next day noon. O.P. No. 1 deposited Rs. 70,000.00 on 29.3.1988, gave bank guarantee for Rs.1,00,050.00 and deposited Rs.30,050.00 on 30th of March, 1988. After receipt of the same, the Managing Trustee requested the Board on 31.3.88 to approve his action of permitting deposit on 30th of March, 1988 to opposite party No. 1. The same was approved by the members of the Board of Trustees on 31.3.1988.