BIMAL CHANDRA BASAK, J. - (1.)This appeal is directed against a judgment and order dt. 15th Jan., 1986 whereby the learned trial Judge dismissed the writ petition filed by the appellant herein and discharged the Rule. The case of the petitioner is as follows. Petitioner is a dealer in steel scrap materials. There was an advertisement that the West Bengal State Electricity Board the respondent 1 to the writ petition (hereinafter referred to as the Board) proposed to sell assorted sizes of off-cuts of structural steel and invited tenders from the intending purchasers. The said materials were lying at Kolaghat Thermal Power Project Site, P.O. Mecheda, District Midnapore and Agarpara Works of M/s. Texmaco Limited which has been made respondent 4 in the writ petition. Petitioner obtained tender documents and submitted such tenders and the petitioner deposited security money and complied with all the requirements. According to the petitioner on or about 6th July, 1984 the sealed tenders (offers) from the various parties, whose names, addresses and rates quoted were specified in the petition, were opened in the presence of the representative of the petitioner in respect of 500 M/T of the said materials lying at Agarpara Works of M/s. Texmaco Limited (hereinafter referred to as the said materials). Thereafter by a letter dt. 3rd Jan., 1985 the respondent 2 directed the Chief Cashier, K.T.P.P. Mechada to refund the Earnest Money in respect of the parties mentioned therein as the said tender had been finalised and order placed with a different party. The name of the party in whose favour such order was placed was not disclosed. Accordingly the petitioner prayed for cancelling and/or withdrawing and/or revoking the impugned Memo No. K.T.P.P. RM dt. 3rd Jan., 1985 and to cancel and/or rescind the impugned placing of order upon the respondent 4 or anybody else in respect of the materials mentioned in Annexure "A" to the petition, to accept tire offer of the petitioner being Annexure "B" to the petition and to deliver the said materials mentioned in Annexure "A" to the petition.
(2.)An affidavit-in-opposition has been affirmed by one Babulal Pandia on behalf of the respondent 4 in the writ petition, that is, Texmaco. He has described himself as General Manager (Finance) of Texmaco Limited. The case sought to be made out by the Texmaco is as follows : a) On or about 27th April, 1977 the respondent 1 placed an order upon the respondent 4 for fabrication and erection of structural steel for the Kolaghat Thermal Power Project of the respondent 1 on the terms and conditions of the said order I craved leave to refer to a copy of the said order at the time of hearing of this application if necessary. By and under the terms and conditions of the said order it was, inter alia, stipulated as follows:
(9) DEPARTMENTAL SUPPLY OF MATERIALS : Cement and Steel may be issued from our stores at KIPP at the following issue rates:

(A) Ordinary portland cement to required specification in non-returnable bags.

(a) on bag basis, 290 per 20 bags.

(b) on weight basis Rs. 300 per M/T including weight of bags.

(B) Steel (tested to relevant specification)

(i)5 mm to 7 mm dia in coil @ Rs. 3052 per M.T.

(ii) M.S. Round/ETS Rounds above 7 mm dia up to 60 mm dia. (excluding 60 mm dia) Rs. 2821/- per M/T.

(iii) M.S.Plates @ Rs. 2, 570/- per M/T.

(iv) joints, channels, Angles, Plates etc. Rs. 2, 666/- per M.T.
For departmental materials issued to you by us you shall exercise resonable care for safety and any materials left surplus after execution of work including cut pieces (only which may be acceptable to site store) shall be taken back from you at the issue prices. For materials for fabrication and erection Cl. 11 supply of steel shall be applicable. 11. SUPPLY OF STEEL The supply or raw steel from our store will be guided as per available stock at site stores and as made available to you from other sources. You shall open fabrication shop at project site for light fabrication work and offer us a L.S.rebate of Rs. 30, 000/- on total contract price which was inclusive of cost of transportation of steel from K.T.P.R. to your workshop at Agarpara. As regard upon you shall commence fabrication work at Agarpara works with the steel available at KTPP site stores to the tune of 1500 M.T. and no extra charge will be paid for transportation of this steel to your Agarpara Works. You should prepare shop order sheet cutting list accordingly progressively and get it approved prior to fabrication wastaged of steel used in fabrication of structures shall be kept to it, minimum. For suitably utilising usable out pieces and available lengths, the contractor shall have to do full strength but welded shop splices as per drawing. The design and location of such splices shall require prior approval of the Engineer. Such buttwelding in cut pieces only shall be paid @ Rs. 17.00 per meter length of per mm. thickness. shop splices from available stock lengths however are covered under your rates for fabrication. While examining the possibility of utilisation of off-cut at Agarpara works and the site fabrication store requirements at both the centres may be received periodically. For further suitable utilisation of the off, cuts by the department, you are requested to stack materials limiting to two minimum sizes for structural and plates to be specified later on separately. After making maximum possible utilisation of raw steel materials, the wastages should be indicated in the form of reconciliation statement prepared and forwarded by you for our record, on verification of which materials beyond 3% of unaccountable wastage may be taken by WBSEB. The above stated materials off-cuts be loaded weighed for suitable disposal by WBSEB. The off-cuts at site fabrication stores shall also be treated as for those at Agarpara Works.
(3.)Pursuant to the aforesaid terms and conditions the respondent 1 from time to time issued or provided diverse quantities of raw steel to the respondent 4 for fabrication of structural steel works for the Kolaghat Thermal Power Project of the respondent 1. The respondent 4 fabricated structural steel works for the said Kolaghat Thermal Power Plant of the respondent 1 at the Agarpara Works of the respondent 4 as well as at the site of the Kolaghat Thermal Power Plant out of the raw steel issued or provided by the respondent 1 as aforesaid. As a result of the aforesaid fabrication work carried out by the respondent 4 quantity of approximately 500 M.T. of off-cuts accumulated at the Agarpara Works of the respondent 4 and a quantity of approximately 160 M.T. of off-cuts accumulated at the site of the said Kolaghat Thermal Power Project. By a letter being No. Accts./KTP/5BC/1329 dt. the 11th Aug., 1984 addressed to the respondent 4 by and/or on behalf of the respondent No. 1 the said respondent enquired of the respondent 4 as to whether the respondent 4 was interested in purchasing the said off-cuts at the respective rates mentioned in the said letter. By a letter being No. RCC/TH/201 dt. 17th Aug. 1984 addressed to the respondent 1, the respondent 4 expressed its agreement and/or willingness in principle to purchase the said quantities of off-cuts at the rates mentioned in the said letter and subject to the terms of conditions mentioned therein. By a letter being a 7M/KTP/SBC/1426 dt. 24th Aug., 1984 addressed by the respondent 1 to the respondent 4 the said respondent communicated its terms and conditions of the proposed sale to the respondent 4. By a letter being No. RCC/TSR/ 1751 dt. 1st Sept., 1984 addressed to the respondent 1, the respondent No. 4 communicated to the respondent No. 1 its counter terms and conditions of the said proposed sale. Thereafter by three diverse letters being No. 7M/KTP/Texmaco/1714 dt.18/19th Oct., 1984, 7M/KTP/Texmaco/1822 dt. 15th Nov., 1984 respectively addressed by the respondent 1 to the respondent 4 the said respondent sought some clarifications/ confirmation from the respondent 4 with regard to the sales tax payable on the said proposed sale. By a letter being No. RCC/TSR/3179 dt. 27th Nov., 1984 addressed to the respondent 1 the respondent 4 duly agreed to the terms with regard to sales tax in respect of the said sale. Ultimately by a letter being No. KTP/P/C-40/84/ 10537 dt. 19/27th Dec., 1984 addressed to the respondent 4 the respondent 1 placed an order upon it for the sale of the said quantities of off-cuts at the respective prices and upon the terms and conditions contained therein. The respondent 4 has already issued two several credit notes being Nos. CN/96/84 dt. 31st Dec., 1984 and CN/4/ 85 dt. 24th Jan., 1984 respectively to the respondent 1. From the aforesaid facts it is established that the respondent 4 became bona fide purchaser for value of the said materials without any notes or knowledge of any alleged offer in respect thereof by the petitioners and the title to the said materials lawfully passed to the respondent 4. The respondent 4 has since disposed of and sold and delivered a total quantity of 639.475 M.T. of the said materials of M/s. B.S. Trading Company of 32/2/1 Hamid Munshi Lane, Howrah, Biswanath Iron Stores of 135/138 G.G. Road, Howrah, Kishan Lal and Co. of 135 G.G. Road, Howrah, Kailash Iron Stores of 135/138, G.G. Road, Howrah and Bharati Rolling Mills of 194-D Manik Tolla Main Road, Calcutta as would appear from the several challans issued by the respondent 4 much before 25th Jan., 1985 being the date on which this Honourable Court was pleased to grant and order of ad interim injunction herein. It is stated that the whole of the said quantity of 500 M.T. of the said material lying at the Agarpara Works of the respondent 4 has been sold and/or disposed of and/or delivered to the various purchasers and no quantity out of the said materials is at present lying at the Agarpara Works of the respondent 4. The respondent 4 also duly raised bills in respect of the quantities of the said materials delivered to the said several purchasers.