RALIANCE INVESTMENT CO LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application for leave to revoke a submission. The language of paragraph (a) of the notice of motion is not really happy and Mr. Deb rightly pointed out that the only order that can be passed is granting leave to the petitioner to revoke the submission.

(2.) THE parties hereto entered into a contract whereby the petitioner was to manufacture and supply packing boxes to the respondent at a particular price. THE respondent was under obligation to arrange for the release of timber and from materials required for the fabrication of the packing boxes. THE contract is evidenced by the acceptance of tender as is usual in the case of Government contracts and it contains the usual condition to be found in government contracts in what is known as form No. WSB133. THE obligation of the Government to release and supply timber and iron materials required for the purpose of fabrication of boxes is evidenced by a letter dated September 6, 1944. THE schedule to the acceptance of tender expressly states that the acceptance confirms the said letter dated September 6, 1944. THE contract contains an arbitration clause.

(3.) TWO points were made out by the Government in the additional state of facts and two paragraphs of this additional state of facts have been referred to by Mr. Deb, learned counsel appearing for the petitioner before me These paragraphs are paragraphs 4 and 8 of the additional state of facts filed by the Government which is annexure D to the petition: