G.S. SISTANI, J.

I.A. 6154/2013 (O XXXIX R 1 & 2 CPC) IN CS(OS) 703/2013

I.A. 6160/2013 (O XXXIX R 1 & 2 CPC) IN CS(OS) 704/2013

1. Registry is directed to register both these suits as commercial suits.

2. Since a common question arises for consideration in both the applications, arguments in both the applications have been heard together and the applications are being decided by a common judgment.

3. Plaintiff has filed the present suits for declaration, permanent injunction and recovery. For the sake of convenience, the facts of CS(OS) 703/2013 are being noticed.

4. The facts of CS(OS) 703/2013 are that a tender was floated by defendant no.1 on 28.12.2011 inviting applications from interested parties for bidding for construction of 24,660 LIG and 4,855 EWS houses by using Prefab Technology in Narela and Rohini, Delhi (hereinafter ‘the project’). The estimated cost of the project was Rs. 959.23 crores. In order to bid for the tender, the plaintiff formed a joint venture with the defendant no. 3/ M/s IVRCL Limited (hereinafter ‘the Joint Venture’). Accordingly, the tender