- (1.) THIS application has been taken out for stay of operation of the impugned judgment and order dated 2nd December, 2008 and 22nd December, 2008 respectively against which the instant appeal has been preferred.
(2.) THE learned Single Judge by the first mentioned order has decided to hear out admitting the application, on affidavits. Hearing thereof is fixed on 13th January, 2009. By the first order the Hon'ble First Court has passed an interim order to the effect that the appellant before us, will be at liberty to proceed with the tender notice dated 21st November, 2008 but it has been restrained from issuing any work or purchase order for supply of high carbon ferro chrome, being the subject-matter of the writ petition. Alloys Steel Plant in durgapur and Bhilai Steel Plant without seeking leave of the Court.
(3.) THEREAFTER, during pendency of the said writ application an interim application being CAN 10585 of 2008 was filed by the writ petitioner as it is alleged that during pendency of this writ application, there has been subsequent event that the appellant before us is going to purchase from third parties, the same materials being the subject-matter of the writ petition. On this interlocutory application the Hon'ble Trial Judge passed order on 22nd December, 2008 as an interim measure in terms of prayer (a) of the said application by which appellant before us has been restrained from purchasing the materials from any person or authority other than the writ petitioner/ respondent.;