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2019 Supreme(Cal) 677

BISWANATH SOMADDER, ARINDAM MUKHERJEE
Medium Packaging Pvt. Ltd. – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates Appeared:
Mainak Bose, Suvadeep Sen, Sumit Mondal, S.N. Mookherjee, Soumya Majumdar, Shaunak Mitra, Victor Chatterjee, Sharmistha Ghosh, Jaydeb Ghorai, Dilip Kumar Ghosh, Suman Chatterjee, Biswaroop Bhattacharya, Advocates.

JUDGMENT :

Biswanath Somadder, J.

1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for appropriate order.

2. The instant appeal arises out of an order dated 19th February, 2019, passed by a learned Single Judge in WP 1591 (W) of 2019 (Medium Packaging Pvt. Ltd. vs. Indian Oil Corporation Ltd. & Ors.). By the impugned order, the learned Single Judge directed the parties to exchange their affidavits and granted liberty to mention for early hearing, upon exchange of affidavits.

3. The instant appeal has been preferred by the appellant/writ petitioner.

4. For convenience, the entire order is reproduced here-in-below in its entirety:-

"A tender process is under challenge at the behest of the participants in such tender process.

Learned advocate appearing for the petitioner submits that, the terms and conditions of the tender process were changed subsequent to the issuance of the tender so as to favour the private respondents.

This contention is denied by the private respondents.

In such circumstances, it would be appropriate to permit the parties to file affidavits.

Let affidavit-in-opposition be filed within four weeks

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