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1992 Supreme(All) 531

G.S.N.TRIPATHI, G.D.DUBEY
TRIVENI STRUCTURALS LTD – Appellant
Versus
NEWAGE ENTERPRISES, ALLAHABAD – Respondent


Advocates Appeared:
P.K.MUKHERJI, R.P.Tripathi

G. D. DUBE, J.

( 1 ) THIS appeal arises from an order of Civil Judge, Allahabad issuing an ad-interim injunction before issuing notice to the appellant, asking the appellant and respondent to maintain status quo on the spot and not to proceed with further commencment of the work on spot till 24-8-1992. From the annexures to the application for staying the order of the trial Court it transpires that at the first instance the above order was extended up to 26-8-1992 and thereafter on 26-8-1992 it has been extended to 4-11-1992.

( 2 ) ADMITTEDLY the appellant had taken a contract from the National Thermal Power Corporation (NTPC in brief hereinafter) for raising a micro-wave tower at Noida district Ghaziabad. The appellant had invited tender for foundation work and the respondents tender was accepted. From the papers annexed to the affidavit, counter-affidavit and rejoinder affidavit it transpires that a series of letters were exchanged between the parties. Annexure No. 4 of counter-affidavit indicatesthat on 13-2-1992 the appellant indicated their acceptance of the tender of the respondent. The respondent informed through a letter dated 27/04/1992 (C. A. 5) that they were ready to st























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