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1994 Supreme(All) 686

S.C.MOHAPATRA, V.P.GOEL
STATE OF U P – Appellant
Versus
BHAGAT RAJA ASSOCIATE – Respondent


Advocates Appeared:
A.N.Tripathi, C.K.Rai,

S. C. MOHAPATRA, J.

This is an appeal by defendants against an order of temporary injunction against them in a suit for permanent injunction.

2. Plaintiff is a partnership firm carrying on business as works con tractor. Pursuant to invitation of tender in June, 1993, it submitted a tender for the work of digging and filling of lower Rajghat canal. Plaintiff deposited the required earnest money and on opening of tender on 24-7-1993, it was found to have offered the lowest rate. When plaintiff was not given the work order, it has filed the suit for permanent injunction against defendants. Contractor carrying on business for profit maximum, plaintiff has lost some profit on account of breach of contract. He cannot claim damages and, accordingly, a partnership firm carrying on business of work on contract can not be said to have irreparable injury in case there is breach of contract as claimed by plaintiff.

3. Case of defendants is that on 24-7-1993 itself tender was cancelled and there is no scope for issue of work order to plaintiff.

4. Execution of work with profit motive is a contract. In case after inviting offers from intending person, such offer is not accepted, person suffer in











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