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1988 Supreme(All) 605

N.N.MITHAL, R.S.DHAVAN
ZILA PARISHAD, MUZAFFARNAGAR – Appellant
Versus
UDAI VEER SINGH – Respondent


Advocates Appeared:
MURLIDHAR, R.C.SRIVASTAV, R.K.JAIN, R.N.SINGHA

RAVI S. DHAVAN, J.

( 1 ) PUBLIC auction is the issue in the present appeal. The duration of the contract as a consequence of the auction is one year i. e. April 1, 1988 to March 31, 1989. The subject-matter of the auction is the right to ferry or load or unload animals at the cattle fair for a monetary consideration. The auction was conducted by a corporate body the Zila Parishad, district Muzaffarnagar, constituted under the Uttar Pradesh Zila Parishad and Kshetra Samiti Adhiniyam, 1959. The auction was closed upon the highest bid having. been received. The Zila Parishad attempted to auction the subject-matter of the auction to yet another candidate outside the auction, subsequently. This led to the person who had offered the highest bid upon which auction was closed to seek in injunction to protect the right to carry on his trade by the trial Court. The Zila Parishad chose to file tie present first appeal from order questioning its own auction. The consideration whether injunction has been granted appropriately or inappropriately will inevitably affect the first appeal from order and the suit itself in which the injunction has been sought. The nature of the rights and obligations











































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