The first is, whether there was a concluded contract effected between the appellants and the other successful bidders of the one part, and the Board of Trustees of the other, for the sale of the 37 items of jewellery for Rs. 14.43 crores by the alleged acceptance of their bids by the four trustees on March 9, 1978; secondly, whether there was frustration of contract in that the ad interim injunction of March 14, 1978 made further performance of the alleged contracts impossible, and thirdly, whether the exercise of the discretionary power of sale exercised by the trustees conferred on them by cl. 13 of the trust deed, which is subject to the Court 's over riding power under section 49 of the Trusts Act to interdict the sale and issue necessary directions in that behalf, ought not to be set aside as an improvident sale because of the fact that an amount of Rs. 20.25 crores for the 37 items of jewellery had been offered by the eighth respondent, which showed that the trustees had not acted with prudence and due care or attention, or whether it 473 merely indicates an error of judgment on their part and the sale by them was on a mistaken impression of the actual value of the jewellery.