Triyogi Narayan Singh ... Petitioner/Respondent Mr. Hirak Mitra, Sr. Adv., Mr. P.D. Mukherjee ... for the appellant Mr. S.N. Mookherji, Sr. Adv., Mr. Tilak Bose, Sr. Adv., Mr. Rudraman Bhattacharyya ... for the respondent Last heard on : 02.02.2016. Judgment on : April 7, 2016. 2 Sahidullah Munshi, J.: This appeal at the instance of Container Corporation of India Ltd. (in short CONCOR) the appellant herein is against an order dated 15th September, 2015, passed in A.P. No.1509 of 2015. The said order dated 15th September, 2015 is quoted below: "The Court : The matter has appeared despite a substantive ad interim order passed on September 4, 2015, only to afford the respondent an opportunity to disclose documents that may not have been available with Advocate for the respondent on the previous day. The respondent relies on the guidelines framed by the respondent in a writing of January 9, 2013 pertaining to public procurement policy. The respondent refers to the part therein at page 2 of the document which deals with micro, small and medium enterprises. The respondent submits that the overall bid made by the petitioner for the handling and transportation work was Rs.4.04 crore which was higher than the overall bid of Rs.3.69 crore of Western Carriers Private Limited. However, since the petitioner's bid of Rs.2.72 crore for the handling part of the work was less than Western's Rs.2.79 crore therefor, the work was split up between the petitioner and Western. The respondent says that since it has now been discovered that the petitioner had made a false declaration at the time of his application, the termination or annulment of the contract should not be interfered with. Such aspect of the matter has been considered in the order dated September 4, 2015. Since there is no additional ground that the respondent can show immediately to detract from the order dated September 4, 2015, such order will continue till the disposal of the petition. Affidavitinopposition be filed within a fortnight from date; reply thereto, if any, may be filed before the matter appears as an adjourned motion in the monthly list of October, 2015. Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities." By the said order the Hon'ble Single Bench has held that in his earlier order dated 4th September, 2015, an interim order had already been passed and which was directed to continue till disposal of the Section 9 application filed by Mr. T. N. Singh, the respondent herein. The 3 Hon'ble Single Bench directed the parties to file their affidavits. The order which was passed on 4th September, 2015 is quoted below: "The Court : The grievance of the petitioner is that a contract awarded by the respondent corporation by the issuance of a letter of intent has been arbitrarily terminated for a minor mistake committed by the petitioner while obtaining the tender documents. The tender documents stipulated that a micro or a small enterprise registered with the Micro, Small and Medium Enterprises Department of the Central Government would be exempted from paying the costs of the tender papers of Rs.2500/ and would also be exempted from putting in the earnest deposit of Rs.5 lakh. In the petitioner's application, the petitioner referred to being registered under the MSME department and the accompanying certificate indicated that the petitioner was registered in the medium category. The respondent verified the petitioner's registration with the MSME department and, upon satisfaction of the petitioner's registration, the petitioner was identified as eligible to be awarded the contract for