- (1.) This is an appeal at the instance of the Plaintiff against the judgment and order No. 16 dated July 3, 1978 in Title Suit No. 821 of 1978 dismissing the application for temporary injunction filed in the said suit.
(2.) The Plaintiff, M/s. Overseas Scrap Trading Corporal ion, a registered partnership firm, has brought an action being Title Suit No. 821 of 1978 in the Fourth Bench of the City Civil Court, Calcutta for a declaration that the Plaintiff is the owner of M.S. Scrap, Turning, Boring and Non-ferrous and other rejected materials being item Nos. A to Q for the period from February 1, 1973 to January 31, 1979 lying in Konyapur factory of the Defendant and the Defendant has no right to resell and deliver the same to any other person and for a decree for permanent injunction restraining the Defendants from selling or delivering M.S. Scrap, Turning and Boring, Non-ferrous and other rejected materials being item Nos. A to Q to any person whatsoever excepting the Plaintiff. There is also a prayer for a decree for mandatory injunction directing the Defendants to issue sale order so as to enable the Plaintiff to lift the goods in terms of the tender of the Defendants and for other reliefs. It has been stated that the Defendant No. 1, M/s. Sen Raliegh Ltd. which is a public limited company invited tenders for sale of M.S. Scrap, Turning and Boring etc. for a period from February 1, 1978 to January 31, 1979. There were certain terms and conditions subject to which the tenders were invited.
(3.) The Plaintiff submitted a tender on February 7, 1978 in the office of the Defendant No. 1 accepting all the terms and conditions of the tender and deposited a sum of Rs. 20,000 by bank draft bearing No. P.I.B. 475060 under the Punjab National Bank Limited. Several other companies such as Bhagwati Steel, Hind Overseas. Bachanlal Mohan and Company S.R. Gupta and R.A. Gupta and Company, etc also submitted tenders. On January 11, 1978, the tenders were opened and it was found that the offer given by the Plaintiff was the highest. The Plaintiff submitted the income-tax clearance certificate and sales tax clearance certificate in the office of the Defendant No. 1 on January 31, 1978. There was some exchange of letters between the Plaintiff and the Defendant No. 1 over the prices offered by the Plaintiff in its tender for sale of scrap iron. On May 1, 1978, the Plaintiff was intimated by a letter dated April 27. 1978 by the Defendant No. 2, officer of the Defendant No. 1, that its offer was not accepted and the bank draft was returned along with the same. It has been pleaded that the Plaintiff being the highest tenderer and by subsequent agreement it having purchased the item Nos. A to Q of the tender for the period from February 1, 1978 to January 31, 1979 the Defendants have no right to resell or give delivery of the said goods to any person whatsoever except the Plaintiff. The Respondent has come to know that the Defendant No. 1 has arbitrarily and mala fide sold and delivered the goods to M/s. Bachanlal Mohan and Company, Respondent opposite party No. 4, a favourite party of the Defendant No. 1 at a low price. It is on these allegations the above suit was filed.;