ALLAHABAD CANNING COMPANY Vs. CHIEF DIRECTOR OF PURCHASE ARMY PURCHASE ORGANISATION DEPARTMENT OF DEFENCE

JUDGEMENT

(1.) H. L. Gokhale, C. J. Heard Mr. Madhur Prasad in support of this petition. Mr. S. K. Mishra appears for the respondent.

(2.) THE petitioner claims to have supplied 54 (M. T.) of Pineapple Jams to the Chief Director of Purchase of Armed Forces on the basis of agreement entered into on 23. 12. 2005. THE supply was supposed to have been made in glass jars. THE Armed Forces made the payment for the supply excluding 11 (M. T.) of this supply. THE supply was made to the desired stations at Dehradun and Guwahati on 18. 5. 2006 but by letter dated 28. 7. 2006, the petitioners were intimated that the supply as stated above had gone bad within the warranty period. THE petitioner should lift the same within 15 days or else the said stock will be destroyed. This is what is specifically stated in paragraph 6 of the petition.

(3.) THAT very letter stated in para 1 of the footnote that the above amount may please be recovered from the firm's bill, if not deposited by them. Sales Tax and any other charges, if already paid, may also be recovered in addition to the aforesaid amount of Rs. 5,30,843.