Reference may be made to the order dated 26.6.2008 which reads as under:-

"This appeal is directed against the judgment dated 14.5.2008 petition giving liberty to the petitioner-appellant to file suit for damages. passed in W.P.(C) No. 4830/2007 whereby the learned Single Judge disposed of the writ

In the writ petition the petitioner challenged the decision of the respondents by which the tender for supply of complete system of Centralised Liquid Medical Oxygen with medical gas pipe line was allotted to Respondent NO.5. The learned Single Judge found that Respondent NO.5 was a proprietorship firm carrying on business of distribution of medical, surgical, pharmaceutical goods and equipments etc. and had no experience whereas the appellant has vast experience in doing the said work. Although, learned Single Judge observed that the decision making process by which work order was given to Respondent No. 5 was not proper but having regard to the fact that the work was progressed to a considerable extent, the writ petition was disposed of giving the aforesaid liberty.

In course of argument, Mr. Mittal drawn our attention to the affidavit filed by the Officers of the RIMS on 28.1.200