( 1 ) WHAT is challenged in this Appeal from Order filed under Order 43 Rule 1 (r) of the Code of Civil procedure (the Code for short) is the order dated 5/05/2001 recorded below application Ex. 5 in Special Civil suit No. 350 of 2000 by the learned Civil Judge (S. D. ). , surat by which application Ex. 5 filed under Order 39 Rule 1 and 2 of the Code by appellant against respondents restraining them from committing breach of the terms and conditions of the tender and consequential right existing in favour of the appellant and further to restrain the respondents from assigning to anyone the construction work of Common Effluent Treatment Plant (cetp for short) of Sachin Infa-Enviro Limited, respondent No. 1, till disposal of the suit, came to be rejected and thereby the interim injunction granted earlier has been vacated.

( 2 ) APPELLANT is the original plaintiff whereas respondents are the original defendants and for the sake of convenience and brevity, they shall be referred to as the plaintiff and the defendants in this judgment.

( 3 ) THE plaintiff is a registered partnership firm, doing the work of Pollution Control Consulting and engineering. Defendant No. 1 is