IN THE SUPREME COURT OF INDIA
1. Special leave granted.
2. The first respondent Pradip Kumar Saha filed C.R. 13232 (W)/82 in the High Court of Judicature at Calcutta against the present appellantóWest 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 normal 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 compensation for non-allotment or reduced allotment. The cause of action was founded on an alleged contract between the parties and the breach thereof by the present appellant. In this writ petition, a notice 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.' The present appellant preferred first appeal E.M.A.T. No. 3670 of 1982 on December 20, 1982. 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. 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 considering the materials on record, we do not think that there is sufficient ground to interfere with the interim order passed by the trial court. This application is accordingly rejected. But we make
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