Dipak Misra, J.

1. State of M.P. and its functioneries have preferred this appeal challenging the orders dated 25.9.93, and 7.12.93 passed by the learned Distt, Judge, Satna in C.S. No. 42-A/92.

2. The facts as have been unfurled are that in response to a tender notice dated 17.6.91 for disposal of tendu leaves contained in lot No. 1964 and others consisting of 1485. 755 slandered bags, the plaintiff/respondents No. 1 offered a tender to purchase the same @ Rs. 677-10 per standard bag. The aforesaid was accepted and an agreement was executed. In pursuance of the agreement the respondent No. 1 furnished a bank guarantees to the tune of Rs. 3,01,802/- equal to 30% of the purchase price (excluding taxes). The delivery was to be made on receipt of four equal instalments, payable on 1.10.91, 15.11.91, 1.1.92 and 15.2.92. The respondent 1 paid the first instalment amounting to Rs. 51, 501-10 and obtained delivery against the aforesaid payment equal to 1/4th of the total lot. As far as second instalment is concerned, he did not obtain delivery of possession by making cash payment but against the bank guarantee which had been furnished by him. The delivery was made against the bank guar