( 1 ) AT the joint request and with consent of the learned Advocates, the matter is taken up for final disposal. The matter pertains to challenge to an order passed below Exhs. 6- 7 Notice of Motion in Civil Suit no. 791/2004 dated 14th May, 2004, whereby the learned judge is pleased to reject the Notice of Motion application and vacate the ad interim relief granted on 16th March, 2004 which was extended from time to time. It is stated at the bar that the said ad interim relief was continued so as to enable the plaintiff-appellant herein to approach this Court. It is further stated that the said ad interim relief is in operation till today. The controversy involved in the matter relates to a tender invited by the Ahmedabad Municipal Corporation i. e. defendant no. 1 in the suit invited tenders for design, supply, installation and commissioning of traffic signals at Narol-Naroda National Highway with (a) microprocessor base vehicle actuated system, (b) microprocessor base fixed time system with maintenance contract for three years. The Corporation laid down necessary eligibility criteria in Clause A. 5. 1 containing as many as six subclauses which reads as under:"the bidder should be manufacturer of Traffic Signal Controller, Detector Cards, LED retrofit etc. The bidder should have experience of not less than three years for fixed time traffic signals and two years for vehicle actuated traffic signal. Bidder should submit Respective performance certificatesofvehicle actuated/fixed time traffic signal system installed and supplied by them. The bidder must possess proven track record of manufacturingand installing vehicle actuated/fixed time signal system. The bidders must have financial capability and having a 50 Lacs (Fifty Lacs) average annual turn over in each year for last three years (Pertaining to traffic signaling system only and bidder has to submit order copies. The bidder should have experience of supply installation testing and commissioning of minimum 100 fixed time traffic junctions in each year (i. e. minimum 30 nos. of traffic junctions in last three years) for fixed time traffic signals. Vehicle actuated traffic signal bidder should have experience of Design, Supply, Installation, Testing and Commissioning of minimum five traffic junctions in each year (i. e. so minimum 10 nos of Traffic junctions in last two years. "clause A. 5. 1. 2 provided for` Marking Systems for eligibility Criteria for Vehicle Actuated Traffic signal/fixed Time, whereby the necessary marks were to be allotted to the bidders. It was provided that, ` Those who obtain minimum 25 marks will be qualified for this tender. Clause A. 5. 2 provided for ` general experience in which subclause A. 5. 2. 1 titled as the "the bidder shall meet following minimum criteria". It had as many as ten items which are reproduced for ready reference:" (1) The bidder shall have financial capability and having annual average turn over minimum of Rs. 50 Lacs (Fifty Lacs) in each year for last three years. (2) Execution of minimum 5 Vehicle actuated/minimum 10 Fixed time signal systems in each year satisfactorily and Maintenance of the same during last three years. (3) Vehicle actuated/fixed time Controller and LED Retrofits should be manufactured and tested in ISO approved facility. (4) Tenderer shall have qualified traffic Engineers with them. Details of traffic Engineerswith there (their)qualification, Experience shall be enclosed. (5) Tenderer should have the signal maintenance experience of Three years in minimum three major cities of India. For fixed time signals. One years for vehicle actuated traffic signals Proof of the same shall be enclosed. (6) Tenderers should have experience of supply and installation of minimum 500 nos. LED aspects or LED retrofits. Proof and performance certificate for the same should be enclosed in tender. (7) Tender should submit the sample of LED retrofit of all colors and when asked to do so. (8) Tender shal