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1988 Supreme(Online)(Bom) 2

BOMBAY HIGH COURT
A. D. Tavadia, J
Best Bread Company – Appellant
Versus
Divisional Social Welfare Officer, Nagpur Division, Nagpur – Respondent


Advocates:
For the Appellant: Mr. Bhangde
For the Respondents: Mr. Bobde

1. The order passed by the Additional District Judge, Nagpur in Miscellaneous Civil Appeal No. 306 of 1986 on 27-1-1987 injuncting the defendant No. 1 - the Divisional Social Welfare Officer, Nagpur Division, Nagpur, from accepting fresh tenders up to 31-3-1987 and issuing a further mandate commanding him to place orders with the present Respondent 1, is challenged in this revision.

2. The factual position is more or less admitted as far as the controversy is concerned. The Divisional Social Welfare Officer, Nagpur invited tenders for the supply of Soji, Shira, Udits sweet as well as salty by the notice dt. 4-3-1986. The plaintiff - Best Bread Company, submitted its tender. There were other tenders also including the defendant No. 3 the present petitioner. The tender of the plaintiff came to be accepted and a contract came to be finalised on 30th June, 1986. The work under the contract was to commence from 7th July, 1986. However, by its letter addressed on 4th July, 1986 to the plaintiff, the contract was suspended until further orders. Ultimately, by its letter dated 8-9-1986, the contract came to be cancelled. On the cancellation of this contract, the plaintiff instituted a suit















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