STATE OF M P Vs. RAM SWAROOP VAISHYA

JUDGEMENT

(1.) THESE appeals are against the order dated 12th August, 1997. Briefly stated the facts are as follows : The appellants invited tenders for collection and purchase of Salai/Cheed gum. The respondents in both these appeals submitted their tenders. The tender of the respondents in Civil Appeal No. 1962 of 1998 was accepted in respect of the lot lying at Karahal and Khadi. The estimated quantity being 500 and 1,000 quintals respectively. The tender of the respondent in Civil Appeal No. 1963 of 1998 was accepted in respect of the lot lying at Sheopur. The estimated quantity being 1,000 quintals. The relevant terms and conditions, viz., Clauses 12, 15 and 22 of the contract read as follows :

(2.) DURING the period of the contract, gum in excess of the estimated quantity became available in the godowns at Karahal, Khadi and Sheopur. The respondent claimed that they were entitled, under the contract, to lift the additional quantity of gum at the contracted price. The appellants did not allow the respondents to lift the additional quantities. Therefore, both the respondents filed writ petitions in the High Court. Those two writ petitions have been disposed of by the common impugned judgment. In the judgment, it has been held that the respondents are entitled, as per the terms of the contract, to lift the additional quantities (which have become available during the relevant period) at the contract price.

(3.) WE, therefore, dismiss these appeals with the direction that the appellants shall supply to the respondents, by the end of June, 2003, fresh Salai /Cheed Gum in the quantity which they were entitled to lift as per the impugned order. The same will be supplied at the price that was agreed to under their contract. With this direction, the appeals stand disposed of. There shall be no order as to costs.