M A MISTRY Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) THE sole issue in this is

(3.) OTHER clauses in the contract in which the word occurs suggest the same conclusion. Clause 7 in the Invitation to Tender is entitled the "Book Examination Clause". It obligates the contractor to produce documents and furnish information relevant for verifying or ascertaining the cost of execution of the contract. The 'decision' of an authorised Government Officer on the question of relevancy of the document or information is made final and binding on the parties. It is plain that the occasion for a 'decision' could not arise unless relevancy were in dispute. Again, clause 22 (i) of the Special Conditions enjoins upon the contractor not to resort to corrupt practices. If, nevertheless, he does, the contract or any other contract made with the contractor may be cancelled. In that event the amount of any loss arising from such cancellation is recoverable from the contractor. Sub-clause (ii) provides that any 'dispute or difference' pertaining to these matters shall be 'decided' by a specified Secretary or his nominee whose decision shall be final and binding on the contractor. Here also 'decided' is used in the environment of disputes. This internal evidence within the contract supports the conclusion at which I have arrived. Nothing was shown to me which might militate against it.