MANJU CHAWLA Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) THE present suit for recovery of Rs. 18,19,308/ - (rupees eighteen lac, nineteen thousand and three hundred eight only) has been filed by the plaintiff, Smt. Manju Chawla, against the defendant, Bharat Sanchar Nigam Ltd., on the following averments. During 1999 -2000, the plaintiff was carrying on sole proprietary business under the name and style of M/s. Shri Nath Industries for manufacture and sale of tubes of various specifications required for use in telecom industry at 14/18, Nangli Sakrawati, Najafgarh Road, New Delhi -110043. According to the plaintiff, her husband, Sh. Mukesh Chawla, was helping her in the said business, who at times acted as her authorized representative in business dealings. The present suit has also been filed by him as her special power of attorney.

(2.) THE defendant has its operational circle in the State of Himachal Pradesh, known as Telecom Circle Himachal Pradesh with Chief General Manager as its Principal Officer. The defendant -corporation came into being w.e.f. 1.10.2000 and succeeded to all rights and liabilities of the department of Telecommunications, Government of India (DOT) including all commercial transactions undertaken by DOT.

(3.) IT is further averred that as per general commercial conditions of the contract contained in clause 8.3 of Section III of the tender document, DOT had "promised" to supply "Forms -D" to the plaintiff to enable her to claim reimbursement of the amount of sales tax paid by her over and above 4% under prevalent sales tax structure.