3670 of 1982 on December 20, 1982.
In this writ petition, a numberice of motion was taken out for an interim order and a learned Single Judge of the Calcutta High Court granted interim relief in terms of Prayer a of the petition by which the present appellant was directed to allot every month to the petitioner atleast 30,000 tins of oil at his Siliguri godown and depot under the agreement and 20,000 tins of oil under the agreement at his Calcutta godown and depot until further orders.
This application was rejected by the Division Bench on February 2, 1983.
Thereafter, the present petition for special leave to appeal is filed by the present appellant.
It appears that the appellant invited tenders from intending companytractors for giving fresh companytract for storing of edible oils tins both at Siliguri and at Calcutta.
this Court while directing a numberice to show cause to be issued to the original petitioner first respondent in this 40 Court, made an order staying the operation of the order of the High Court by which the present appellant was directed to perform the companytract in the terms laid down by the learned Single Judge of the High Court.
Some tenders were received.
An application was moved for reconsidering the question of granting stay of the operation of the order of the learned Single Judge pursuant to the liberty reserved by the order dated January 21, 1983.
We granted special leave to appeal and proceeded to hear the appeal on merits.
The first respondent Pradip Kumar Saha filed C.R. 13232 W /82 in the High Court of Judicature at Calcutta against the present appellantWest Bengal Essential Commodities Supply Corporation Ltd. Corporation for short and the State of West Bengal for a writ of mandamus directing the present appellant to make allotment of edible oils and pulses at the numbermal rate and or at the monthly average rate calculated on the basis of the allotments made from the inception of the respective agencies or in the alternative for companypensation for number allotment or reduced allotment.
Mr. A.K. Sen and Mr. S.S. Ray, learned Counsel appearing for the first respondent drew out attention to some developments subsequent to the rejection of the application for stay by the Division Bench of the Calcutta High Court moved on behalf of the present appellant.
A Division Bench of the Calcutta High Court by its order dated December 21, 1982 granted stay of the operation of the interim order dated December 13, 1982 and the matter was posted for hearing on January 18, 1983.
Special leave granted.
The present appellant preferred first appeal E.M.A.T. No.
The cause of action was founded on an alleged companytract between the parties and the breach thereof by the present appellant.
The application for stay filed in the appeal came up for hearing before the Division Bench of the Calcutta High Court of January 21, 1983 when the Court made the following Order Having heard the learned Advocates for both sides and companysidering the materials on record, we do number think that there is sufficient ground to interfere with the interim order passed by the trial companyrt.
After companysidering them, some of the tenders were accepted and appointment letters were issued on April 30, 1983 thereby appointing storing cum handling agent of the appellant at Siliguri and Calcutta.
In the second set of petitions, an interim order has been made we were told with the companysent of the present appellant by which the first respondent was to be allotted a certain number of edible oil tins to be stored at Siliguri.
Some from amongst the tenderers, who did number obtain the appointment letter approached the Calcutta High Court.
