GOVIND NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit for declaration, damages and permanent injunction. In this suit the plaintiff has prayed to this Court to grant a declaration to -the effect that A/T No. TP-3/101/801/8.3.80/Z3/PAOD/247 dated 11-11-1980 did not create a valid, binding and concluded contract. In the alternative it has been prayed for a declaration that the letter of cancellation dated 9.4.83 and the letter of demand dated 20.8.1981 making the demand of Rs.7,80,933.76 are arbitrary, unilateral, ineffective, inoperative and void. The plaintiff has further prayed for passing a decree for Rs. 1.00 lac as damages against the defendant.

(2.) Briefly stated the facts of the case are that pursuant to a tender inquiry NO.TP/ 101/801/8.3.80/Z-3/TEC-1407 issued by the defendant, the plaintiff submitted a tender offering to supply 23,292 Pole Line Construction Wood @ Rs.66.00 per number. The offer was open till 23.7.1980 which was later extended upto 23.10.1980.

(3.) It has been averred in the plaint that the plaintiff withdrew its offer by sending a telegram on 23.10.1980. The said telegram is alleged to have been received by the defendant on 24.10.1980.