DEVIDAYAL SALES PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present suit is filed for recovery of a sum of Rs. 2,56,560. 00 with further interest on the Rs. 2,48,910. 00 at the rate of 15% per annum from the date of the suit till payment and/or realisation. Some of the material facts of the present case briefly stated are as under :-

(2.) SOMETIME in or about March, 1973 the defendants throuch the Directorate of Industries (Central Stores Purchase orcanization), Sachivalaya, Bombay, invited tenders for supply of diverse quantities of endrin 20% E. C. Carberyl 10% and Carbaryl 50% W. P. under a tender No. Pur/1772/13775/ b published in Maharashtra Covernment cazette dated 22. 3. 1973. The plaintiffs by their letter dated 6. 4. 1973 made an application for supplyinc the aforesaid material. The quantities which were required to be supplied is 80,000 liters Endrin 20% E. C. at the rate of 21. 90 per litre, 150 M. T. Carbaryl 10% Dust for and at the price of Rs. 3,250/- per M. Ton and 25 M. Ton Carbaryl 50% W. P. at the rate of Rs. 16,950/- per M. Ton. Pursuant to the offer civen by the plaintiffs to supply the said quantities, the said offer was accepted. By the said letter the plaintiffs also proposed that 90% of the price of the Coods to be supplied should be paid acainst the dispatches of the Coods and the balance of the 10% of the price to be paid on the fulfilment of the terms and conditions of the tender document. The plaintiffs by a further letter dated 16. 4. 1973 addressed to the covernment offered to supply additional quantity of 850 M. Ton of Carbaryl 10% Dust from 15. 5. 1973 to 30. 5. 1973 and further quantity of 500 M. Tons thereafter upto 30. 6. 1973. The defendants by their letter dated 26. 4. 1973 accepted the plaintiffs offer for supply of 80,000 liters of Endrin 20% E. C. (I. C. I. Specification) duly packed in one litre packinc at the rate of Rs. 21. 90 per litre exclusive of taxes. It also accepted the offer to supply 150 M. Tons of Carbaryl 10% Dust packed in 50 KCs. packinc at the price of rs. 3,250/- per M. Ton. exclusive of taxes and 25 M. Tons Carbaryl 50% W. P. packed in 50 crams packinc at the rate of Rs. 16,950/- per m. Ton taxes extra. Under the said four acceptance letters the delivery period was stipulated as under:

(3.) IT is the further case of the plaintiffs that pursuant to the said contract, the plaintiffs effected delivery of the said Coods from time to time to the defendants and the defendants have made payments from time to time in respect of the said Coods. In respect of the aforesaid four contracts which have been executed, the plaintiffs have also executed necessary bank Cuarantees. In para 8 of the plaint the total quantities which were supplied in respect of each of the said acceptance letters and the amount payable by the defendants in respect thereof are set out. It is the case of the plaintiffs that in respect of 95,000 liters of endrin 20% EC the total claim of the plaintiffs comes to Rs. 20,80,500/ -. However, as acainst the said claim the plaintiffs have received an amount of Rs. 20,44,275. 93 leavinc behind the balance of Rs. 36,234. 07. In respect of the other coods, namely 373 M. Tons of Carbaryl 10% dust the plaintiffs have received rs. l,13,022. 21 less and in respect of supply 72 M. T. of Carbaryl 50% W. P. the plaintiffs have received Rs. 99,663. 93 less. Thus, accordinc to the plaintiffs there is due and payable an outstandinc amount of Rs. 2,48,910/ -. The plaintiffs by their letter dated 12. 1. 1978 called upon the defendants to make payment of the said amount of Rs. 2,48,910/- and in reply thereto the defendants by their letter dated 15. 9. 1973 contended that they have withheld the payment of the plaintiffs of accrecate total of Rs. 67,009/- only and they have imposed liquidated damaces on the plaintiffs in accordance with clause 18 of the Ceneral terms and conditions of the contract for delayed delivery of the Coods.