( 1 ) THE appellant herein has filed this Appeal being aggrieved by the order passed by the learned Judge of the City Civil Court, Ahmedabad, below application for interim injunction (Exhibit 5) in Civil Suit No. 4673 of 1995 rejecting the application. The respondent herein is a Government company registered under the Companies Act. The Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 (the Act for brevity) came into force on 8-11-1985. The suit properties originally belonged to New Swadeshi Mills of Ahmedabad Limited. The same came to be vested in the Gujarat Government and then in the respondent-Corporation immediately on the above Nationalisation Act coming into force. The respondent had invited offers for the sale of the suit land admeasuring 2,41,875 sq. metres. The respondent had taken over the said Mill in accordance with the provisions of the Act, since the Mill was in financial difficulties and now it is the respondent itself which is in financial difficulty. It is reported to be sick and proceedings for revival thereof are reported to be pending before the Board of Industrial Finance and Reconstruction. Amongst others, for this purpose as well, the sale of these lands was thought necessary and a tender was floated on 18/12/1991. The appellant gave an offer on 16/01/1992 and the same came to be accepted on 3/09/1992. An agreement came to be arrived at between the parties on 28- 9-1992 for the sale of these lands and the total agreed price was Rs. 3,25,00,000/ -, spread over in different instalments thereof as stated in clause 1 of the said agreement. From this amount of Rs. 3,25,00,000. 00, an amount of Rs. 3 lakhs was to be paid as earnest money and which accordingly paid by the appellant.

( 2 ) THE appellant, in pursuance to the above agreement, submitted plans for development of this property to Ahmedabad Urban Development Authority ("the auda" for brevity) on 15/10/1992. On 7/06/1993 the respondent informed the appellant that the revised plan submitted by the appellants architects along with their letter dated 6/05/1993 had been approved by the AUDA vide its letter dated 4/06/1993. The respondent, therefore, sought the payment of sale price immediately. The appellant drew attention of the respondent by their letter dated 19/06/1993 and pointed out that whereas the area of the plot mentioned in the agreement was 2,41,875 square metres, what was being permitted for development was 2,21,187. 71 square metres. It submitted that before proceeding further, the exact net area of the plot may be clarified so that the value of the plot can be determined accordingly and the payment of the instalments may be modified accordingly. The respondent informed the appellant that there is no change in the area of the plot though the built up area permitted for construction is 2,21,187. 71 square metres and not the entire plot area. Further correspondence ensued between the parties and in view of the query of the appellant, the appellant was informed by the respondent by their letter dated 9/ 15/07/1993 that although a part of the total plot of the land was proposed to be taken over for a road as informed to the appellant earlier, it was not known when the road will be constructed and that the possession of the entire area will be given to the appellant and hence the question of revision of price does not arise. By its letter dated 29/07/1993, the appellant reverted back to the respondent and stated as follows :in the meantime we are ready and willing to pay you the instalment of land price as per the terms of agreement for which the plans are approved. For the balance area of 12,126 sq. metres which is reserved for road, if you can confirm that for the said balance area if the plans are approved within two months by the competent authorities then we will pay you the land price for whole land area of 2,41,675 sq. metres and if such plans are not approved within two months for the balance area of 12,126