JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Appellant impugns Order dated 13.10.2022 whereby the application of the respondent under Order 39 Rules 1 and 2 CPC has been dismissed holding that the application for injunction does not survive, and directing that it is open to the Appellant to take appropriate remedies impugning the Fax of Acceptance dated 07.10.2022 and for claiming damages and other reliefs as may be permissible in law.

2. Appellant had filed the subject suit seeking declaration that invocation by the Respondent of Clause 4.7.4.0 of General Conditions of Contract was illegal and void ab initio. Appellant had also sought a declaration that the contract does not require the Appellant to supply Hot Dipped Galvanised Iron Bolt or Steel section, and if it did require supplying the same, the supply would be at the existing market rate as extra works. A mandatory injunction is also sought against the Respondent to provide the maps/plans/drawings for the underground pipes/cables/utilities at the work site so that the Appellant can carry out the work in question at a fast pace.

3. Pursuant to Notice Inviting E-Tender for piling and civil and structural works for capacity expans