Satyabrata Sinha, J.: An application has been filed for vacating the orders of stay dated 6.9.95 and 12.9.95 passed by a learned Single Judge of this Court.

2. Mrs. Mukherjee appearing on behalf of the applicant/respondent No. 4 in support of the application has principally raised two questions learned counsel firstly submits that having regard to the facts of the case it would appear that no part of the cause of action has arisen within the territorial jurisdiction of this court learned counsel points out from the tender notice which is contained in Annexure 'E' to the application for vacating that tender was issued from New Delhi. Clauses 3 and 6 of the said tender which read as follows:

"3. Eligibility of tenderers: Tenders are invited only from firms who are actually engaged in the manufacture of Calcium Propionate and who can undertake the supply within a reasonable period of receipt of supply orders (see Clause 9). Tenders submitted by commission agents/traders/intermediaries or those having no manufacturing capacity of their own for supply of the same will not be considered. Tender form obtained from the company on payment will only be considered.

6. Last date of receip