( 1 ) THIS appeal is directed against the judgment of a learned single Judge of this Court dated February 6, 1986 dismissing plaintiff/ appellant s application for grant of temporary injunction.

( 2 ) NATIONAL Thermal Power Corporation (for short NTPC) had entrusted to Engineering Projects (India) Limited (for short EPI) the turnkey project for setting up of a Coal Handling Plant for Badarpur Thermal Power Station On January 11, 1984 EPI issued a Letter of Indent to have pretender tie up with M/s. Sahibabad Steels Pvt. Ltd. (for short SSL), the plaintiff, for civil works, structural fabrication and erection work at a lump sum cost of Rs. 3. 70 crores. The terms and conditions for this work was to be on back- to-back basis, as agreed between EPI and NTPC. After some negotiations and correspondence SSL submitted its offer vide its letter dated August 6,1984. It agreed to execute the said work on a lump sum cost of Rs. 3. 89 crores. Its offer was accepted by EPI by its letter dated August 27, 1984. This acceptance was, however, subject to the approval of NTPC. In case the approval was not received, any expenditure incurred by SSL in the preparatory work was to be on its