MOZHER SAWDAGAR Vs. M. ZAHIRUL ALAM

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the High Court Division's order in revision refusing temporary injunction upon setting aside the concurrent decision of the trial court and the appellate court which had earlier granted the same. The impugned order of the High Court Division is dated 1 July 1987 disposing of Civil Revision Nos 117 and 139 of 1987, Chittagong.

(2.) Appellant filed Other suit No. 20 of 1987 in the 1st Court of' Munsif, Chittagong, against respondents Nos. 1 to 3, General Manager and Managing Director of Bangladesh Shipping Corporation and the Shipping Corporation itself, and also against respondent No.4, a bidder and dealer in Iron scraps and stocks. The appellant is also a bidder and dealer in iron scraps, and stock. He filed the suit for declaration that he is the "rightful purchaser of a vessel of the Shipping Corporation named M.V. Banglar Doot, as the highest bidder and further that the defendant Corporation and its officers "are bound to implement the sale of the vessel to him" in terms of their Tender Notice. Appellant filed an application under Order XXXIX, rules 1 and 2, read with section 151, Civil P.C., for an injunction restraining respondent Nos. 1 to 3 from selling the vessel to anybody including respondent No. 4 till disposal of the suit.

(3.) Case of the appellant-plaintiff as set out in his plaint is that respondent No.1, General Manager of the Shipping Corporation (respondent No.3), by a public advertisement issued in newspapers invited sealed quotations from interested parties for sale of the vessel "both on cash/credit basis" with a direction that the sealed quotations must reach the Corporation's office by 12.00 noon of 6 December 1986. Accordingly, the appellant and 10 others including respondent No. 4 submitted sealed tenders within the appointed time and date 6-12-86 which were opened by the Tender Committee of the corporation. The offer of the appellant was found to be the highest and valid at Tk. 2,35,02,500.00 (Taka Two crores thirty five lacs two thousand and five hundred). While he was expecting an order of acceptance of his tender he received a letter dated 12-12-86 (Annexure 'H' of paper book of respondent Nos. 1 to 3) from respondent No. 1 indicating invitation of fresh tenders. It was stated in the letter that though the Corporation had invited tenders on "both cash/credit basis" but the appellant's offer was only on credit basis and that the Corporation would prefer cash offer if it is the highest. Respondent No.1 enquired whether the appellant is interested in making cash offer also, and if so, he might submit fresh offer on cash basis in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the rate of 2.50% for the 'excess amount' shall also have to be submitted along with the cash offer.