BHARAT BATTERY MFG Vs. UNION OF INDIA

JUDGEMENT

(1.) In response to the invitation to tender No. PE-3/AM-7/ RC-0983/MT/Batteries/Defence/83-84/77 of the respondent the petitioner submitted their quotation bearing reference No. G-1 /984 /84 dated 5th March, 1984. In the said tender the petitioner inter alia provided as under :

(2.) Pursuant to a meeting held between the petitioner and the respondent on 10th May, 1984 the respondent informed the petitioner vide letter dated 23rd June, 1984 that the identor of the consignee was from the defence department. In the circumstances any store despatch by rail would be under M/C note which was supplied to the petitioner either by the inspectorate or consignee. The respondent called upon the petitioner to intimate F.O.R. destination prices with M/C note. In response thereto the petitioner vide letter dated 3rd July, 1984 bearing reference No. G-1 /2474/84 dated 3rd July, 1984 quoted prices F.O.R. railway station of consignee against M/C note to be issued by the inspectorate/consignee. The tender including the letter dated 3rd July, 1984 was accepted by the respondent vide their rate contract bearing reference No. PE-4/AM-7/RC-0983/MT Batteries/Defence/84- 85/77/E-3/Bharat/015/COAC dated 29th September, 1984. Clauses 4 and 5 of the Schedule 'B' attached to the aforesaid rate contract provided as under :

(3.) The rate contract was received by the petitioner on 10th October, 1984 and the petitioner vide letter dated 24th October, 1984 pointed out that Clause 5(a) of Schedule 'B' was not in conformity with the letter dated 3rd July, 1984 and a request was made for deletion of the said clause and to incorporate the despatch instructions as provided in para 2 of the letter dated 3rd July, 1984. The respondent vide their amendment letter dated 16th January, 1985, Clauses 4 and 5 to Schedule 'B' to the rate contract were substituted by the following clause : "F.O.R. destination railway station against M/C note to be issued by Inspecting Officer/consignee."