( 1 ) THIS appeal is directed against the judgment of the learned single Judge directing the respondent to desist from auctioning the goods which are subject matter of the sale order dared 6th September, 1989 end 28th July, 1989 being annexure 'b' to the writ petition without first effecting the delivery of the contracted quality and quantity of goads to the writ petitioners in terms of the sale orders dated 28th July, 1989 and plant instruction Memo dated 6th September, 1989 at a price stipulated in the last published price list of the respondent authority.

( 2 ) IN the writ petition the respondents/writ petitioners challenged the with-holding of delivery of rejected Steel Rolls and C. I. Rolls as wrongful end illegal.

( 3 ) THE facts involve in this appeal inter alia as appears from the writ petition are that the respondent No. 1/writ petitioner No. 1 is a partnership four and the respondent No. 2/writ petitioner No. 2 is a partner of the firm. They carry on business of Cast Iron processing and Steel Processing at Ghusuri, Howrah.

( 4 ) ON 28th July, 1989 Metal Scrap Trade Corporation Limited (the respondent MSTC) issued a Sale Order in favour of the respondents