BADAR DURREZ AHMED, J.

( 1 ) INITIALLY, the application [ia No. 11121/2003] under Order 39 Rules 1 and 2 of CPC was argued on 30. 11. 2005 and orders were reserved. The counsel also sought time to take instructions as to whether the suit itself could be disposed of at this stage. On 05. 12. 2005 the counsel responded by saying that it could. The following issues were framed:-"1. Whether any contract/agreement came into existence between the plaintiff and the defendant No. 1? 2. Whether the defendant No. 1 is entitled to invoke the Bank Guarantee? 3. Relief. "and, it was submitted that the arguments advanced at the hearing of the said application be treated as arguments in the suit and the same be disposed of. It is so being disposed of by this judgment.

( 2 ) THE plaintiff has filed the present suit seeking a declaratory decree as well as a decree for permanent injunction. The declaration that is sought by the plaintiff is that no agreement / contract has come into being between the plaintiff and the defendant No. 1 for the construction of Semi-Merry Go Round system for Tenughat Thermal Power Station, Lalpania, Jharkhand pursuant to the letter inviting tenders dated 17. 02. 2003 is

Click Here to Read the rest of this document