SARDAR SAROVAR NARMADA NIGAM LTD. Vs. JAIPRAKASH ASSOCIATES

JUDGEMENT

(1.) First Appeal No. 2531 of 2003 has been filed by the appellant, Food Corporation of India, who was the original defendant in Special Civil Suit No. 162 of 1990. The respondent - plaintiff had filed a suit inter alia stating that it was a partnership firm carrying on the business of clearing and handling cargo. The Food Corporation of India had issued an advertisement on 19/1/1987 offering coastal movement of food grains from Rozi-port i.e. Port of Bedi, also known as Port of Okha and also for the services which included transportation of grains from godowns to loading ports etc.

(2.) Mr.Shakeel Qureshi, learned counsel appearing for the appellant - Food Corporation of India, made the following submissions:

(3.) Mr. D. M. Thakkar, learned counsel appearing for the respondent - original plaintiff, would submit that reading the tender notice dtd. 19/1/1987 it is clear that the respondent - plaintiff was offering transportation of food grains from Rozi to Madras and Calcutta respectively. That, in accordance with the work order, the acquired quantity and quantum of food grains was stipulated in the work order. There was no reasonable explanation from the Food Corporation of India for only awarding the limited stock of 15,615 mts of food grains against the agreed total transportation of 88,400 mts. Bills were raised at Exhs. 105 to 108 totaling Rs.57,30,520.25 against which the defendant only paid Rs.48,96,854.35.