MC 2028/2009 BEFORE HON’BLE THE CHIEF JUSTICE J.CHELAMESWAR HON’BLE MR.JUSTICE HRISHIKESH ROY This is an appeal preferred under Order 43 Rule 1(r) of the Code of Civil Proced ure aggrieved by an order dated 3.12.2008 in Misc (J) Case No.18/08 arising out of TS 15/08 on the file of the learned Civil Judge, Bongaigaon. It may not be necessary for us to give full details of the present litigation in view of the agreed submissions made by the learned counsel appearing for the ap pellants/defendant Nos.1 to 5 and 1st respondent/plaintiff. The appellants invited tenders by Notification dated 12.9.2007 for running certa in guest houses owned by the appellants. The 1st respondent, who was the existin g contractor on the date of the floating of the tenders, was one of the tenderer s and the 2nd Respondent was the other tenderer, who participated in the tender process. Alleging certain illegalities in the processing of the tenders, the 1st responde nt herein filed the abovementioned suit with various prayers, the details of whi ch may not be necessary for the present purpose. Along with the suit, the 1st re spondent filed Misc. (J) Case No.18/08. The trial Court by the order under appeal directed as follows:- In view of the above discussions ends of justice will be met by maintaining sta tus-quo in the matter of performing catering services at BRPL main guest house a nd expert hostel till disposal of the main suit and the exparte order dtd. 31.03 .2008 is made absolute. This Misc. case is disposed of on contest. Aggrieved by the same the present appeal is filed. Heard Mr.KN Choudhury, learned senior counsel for the appellants/defendant Nos.1 to 5 and Mr. SS Dey, learned counsel for the 1st respondent/plaintiff. When the matter is taken up today, both the learned counsel appearing on either side agreed that in view of the fact that the NIT is issued inviting tenders for maintaining and running the guest houses owned by the appellants herein for a p eriod of two years obviously from the date of the award of the contract and in v iew of the fact that processes were initiated almost two years back and also in view of the fact that the 1st respondent herein, who was the existing contractor on the date of the floating of the abovementioned NIT, the NIT, which is the su bject matter of the present litigation, be abandoned and the appellants herein m ay be directed to issue fresh NIT within a period of one week from today and in view of the fact that the 1st respondent has been running the guest house, in qu estion, sometime prior to the litigation and during the present litigation, the 1st respondent would be permitted to continue the maintenance and running of the guest houses until fresh tender process is finalized. Learned counsel for the 1st respondent submitted that in view of the agreement r ecorded above, the 1st respondent does not want to press the suit and accordingl y, the suit is dismissed as not pressed. Mr.KN Choudhury, learned senior counsel for the appellants has rightly submitted that the appellants would complete the entire process within 30(thirty) days fr om today. In the circumstances, the appeal as well as the misc. case stands disposed of. -