JUDGMENT :

Gita Mittal, J.-

1. By this judgment, I propose to dispose of this application which has been filed by the plaintiff under the provisions of Order 39 Rules 1 & 2 of the Code of Civil Procedure, praying for order of restraint against the defendants "from dispossessing the Geographical Data Base, more specifically described in the plaint, to defendant Nos. 7 to 9 and/or creating any third party interest or otherwise deal with the same in the similar fashion". A further order is prayed for prohibiting the defendants from "dealing with such Geographical Data Base or encumber the same or entering into any agreement whatsoever in respect of the same during the pendency of the present suit."

2. In order to appreciate the respective contentions, it becomes necessary to examine some basic facts. It appears that defendant No. 1 entered into an agreement with the Kanpur Electricity Supply Company Limited (referred to as "KESCO" hereafter for brevity). M/s KESCO issued a letter of intent dated 23rd July, 2005 in favor of the defendants for computerisation of KESCO (Stage I) with supply and commissioning of related materials (on turnkey basis) vide tender specification No. KESCO/APDRP/