HARI SWARUP, J. :- This is a defendants appeal arising out of a suit for an injunction to require the defendant U. P. State Electricity Board to sell to the plaintiff the goods for which tenders were invited and the plaintiff had made the tender. Further injunction was sought to restrain the defendants from considering and accepting fresh revised offers in respect of the goods in dispute in the present suit.

2. This case, in brief, was that defendant No. 2, the Superintendent Engineer, Electricity Stores Inspection Circle, on behalf of U. P. State Electricity Board, invited tenders for the sale of goods mentioned in the invitation to purchase the goods. Last date for the submission of the tenders was 13th Sept., 1973. On that date the tender filed by the plaintiff was returned as the date had extended to Oct. 16, 1973. The plaintiff filed the tender again along with a correction slip offering higher price than it quoted earlier. The tenders were opened on 16th Oct., 1973. On that date neither any tender was accepted nor rejected. The plaintiff received a letter from the Superintending Engineer dated Oct. 22, 1973. Through this letter the plaintiff was required to clarify th