STATE OF M.P. Vs. MAHESH CHANDRA

JUDGEMENT

(1.) THE following order of the court was passed by P. P. Naolekar, J.

(2.) AS per the defence of the applicants, there was an urgency to complete the works; the work was undertaken on an emergency basis, as in the first week of February, 1986 the conference of Indian Road Congress was to be held at Bhopal and, therefore, acceptance of the tenders were communicated to the non -applicant telegraphically; the non -applicant had quoted unworkable rates and was in fact not willing to commence the work; however, as the rates given by him were the lowest, the applicants had no option but to accept the tender of the non -applicant and the non -applicant had no intention to commence the work; on the other hand, the applicant were keen to commence the work immediately in view of the emergency and therefore the non -applicant was asked to attend the offence of the applicant No. 2 on 4.12.1985; the non -applicant assured that he would start the work by 25th December, 1985 and not later than 28th December 1985; however, the non -applicant failed to bring and plant and machinery had to start the work by those dates and hence the letter dated 26.12.1985 was sent to him, as the work was not commenced by the non -applicant; his intention not to commence work was manifest and the applicants had no other way out than to cancel the contract and accordingly the non -applicant's contract was cancelled.

(3.) THE State has preferred the present revision against the award of the Tribunal.