( 1 ) WITH the consent of both the learned advocates, these matters are taken up for final disposal.

( 2 ) THE Appeal From Order No. 286 of 2002 is filed being aggrieved by the judgement and order dated 19. 6. 2002 passed by the learned 10th Joint Civil Judge (Senior Division), Vadodara below exhibit 5 in Special Civil Suit No. 405 of 2002.

( 3 ) APPEAL From Order No. 287 of 2002 is filed being aggrieved by the judgement and order dated 19. 6. 2002 passed by the learned 10th Joint Civil Judge (Senior Division), Vadodara below exh. 5 in Special Civil Suit No. 363 of 2002.

( 4 ) THE point involved in both these matters is common. The two suits are filed, one pertaining to Wanakbori Thermal Power Station, the other pertains to Gandhinagar Thermal Power Station. The facts in nutshell are that the appellants herein, MSTC Limited which is acting as a selling agent of Gujarat Electricity Board (hereinafter referred to as "the Board" for brevity) invited offers/ tenders for sale of 35,000 MTs of rejected coal of different lots, each of different weight, lying in the premises of Gandhinagar Thermal Power Station and to the extent of 76,000 MTs. , lying at Wanakbori Therm