R. C. STORES AND ANOTHER Vs. THE MATERIAL SCRAP TRADE CORPORATION LTD. AND OTHERS
LAWS(CAL)-1995-12-50
HIGH COURT OF CALCUTTA
Decided on December 07,1995

R. C. Stores And Another Appellant
VERSUS
The Material Scrap Trade Corporation Ltd. And Others Respondents


Referred Judgements :-

LORD MANSFIELD IN R. V. WILKES [REFERRED TO]
ALLEN V. FLOOD [REFERRED TO]
EARL OF HALSBURY LC SAID IN QUINN V. LEATHERN [REFERRED TO]
MAJDUR PANCHAYAT V. UNION OF INDIA [REFERRED TO]
STATE OF WEST BENGAL V. HARI PRASAD SINGH [REFERRED TO]
M.A.M.C. EMPLOYEES V. MINING AND ALLIED MACHINERY CORPORATION LTD. [REFERRED TO]
G. DOKANIA V. COAL INDIA LTD. [REFERRED TO]
DARYAO HURMAT S O SATWA MAHENDRA LAL JAINI ROOP CHAND BRUHAN KUMAR SADASHIV RAMCHANDRA DALVI VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF ORISSA VS. SUDHANSU SEKHAR MISRA [REFERRED TO]
REGIONAL MANAGER VS. PAWAN KUMAR DUBEY [REFERRED TO]
STATE OF RAJASTHAN VS. SWAIKA PROPERTIES [REFERRED TO]
SARGUJA TRANSPORT SERVICE VS. STATE TRANSPORT APPELLATE TRIBUNAL M P GWALIOR [REFERRED TO]
ALIGARH MUSLIM UNIVERSITY VS. VINAY ENGINEERING ENTERPRISES PRIVATE LIMITED [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. UTPAL KUMAR BASU [REFERRED TO]
UNION OF INDIA VS. HINDUSTAN ALUMINIUM CORPORATION LIMITED [REFERRED TO]


JUDGEMENT

D. P. Kundu, J. - (1.)This is an application for further interim order or orders, direction or directions filed by two applicants, namely, R.C. Stores, Calcutta, a partnership firm and Rajendra Prasad Jaiswal. In this application the applicants have prayed for the following direction :
"(a) An order to issue restraining the respondents from delivering Electrical Scrap covered under auction No. MSTC/V/ENC/95-96/A-78 to any person till the disposal of the writ petition being C.O.No. 9878 (W) of 1994.

(b) An order do issue staying ail further actions in respect of disposal of Electrical Scrap which are lying with the respondent authorities at Vishakhapatnam till disposal of writ petition being C.O.No. 9878 (W) of 1994.

(c) Such further order or orders and/or direction or directions be given as to this Honourable Court may deem fit and proper"

(2.)The relevant document regarding auction No. MSTC/V/ENC/95-96/A-78 referred to in above quoted prayer. 'A' has been annexed to the said application for further order or orders, direction or directions (hereinafter referred to as the said application).
(3.)It is evident from the said Annexure, at page 50 of the said application, that the aforesaid auction notice was issued from MSTC Ltd. (a Govt, of India Enterprise), 30/15/241, 2nd floor, Dava Gardens, Vishakhapatnam. The auction relates to various materials belonging to MSTC Ltd. at Vishakhapatnam The applicants are interested only in item No. 11 oi the notice of auction at page 50 of the said application. It is evident that the materials for which the auction is going to be held are all located at Vishakhapatnam.
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