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1995 Supreme(Mad) 420

SRINIVASAN, S.S.SUBRAMANI
The Railway Co-operative Labour Contract Society Limited, represented by its Secretary, T. R. Kuppuswamy – Appellant
Versus
Union of India, owning Southern Railway represented by its General Manager, Madras and Others – Respondent


Advocates:
M.Raghavan, Senior Advocate for K.V.Subramanian and R.Kannan, for Appellant. K.V.Venkatapathy, for Respondents.

Judgment :-

Srinivasan, J.

These four appeals are directed against the orders passed by the learned single Judge in O.A. Nos.196 and l97 of l995 in CS.No.301 of l995.The plaintiff in the suit is the appellant before us. The relevant facts are as follows: The plaintiff filed O.S. No.586 of 1994 on the file of the City Civil Court, Madras, for an injunction restraining the defendants therein from proceeding with the award of contract for offers in tender No. CW/19/E/G/91 dated 9. 1991 and direct the defendants to discharge and cancel the said tender and publish it anew. The grievance of the plaintiff in the suit was that the plaintiff being a cooperative society was entitled to preference over all other tenderers and when the railways published a tender notice on 9. 1991 in the local dailies inviting offers for purchase and removal of earth and debris from their workshop for a period of 12 months, the plaintiff participated in the tender after complying with the stipulation of earnest money deposit. According to the plaintiff the tender was opened on 10. 1991 and the defendants stopped all further proceedings on the ground that one of the tenderers had filed a suit and obtained orders














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