PHANI LAL BANERJEE Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) This First Appeal is directed against a judgment and decree dated 30-6-1986 passed by Sri Harballava Chandra Prasad, Additional Subordinate Judge. Ranchi in Money Suit No. 61/32 of 1981/81, whereby and wbereunder tne said learned court decreed the plaintiff-respondent's suit for damages.

(2.) The fact of the matter lies in a narrow compass.

(3.) A Notice Inviting Tender was issued by the plaintiff-respondent inviting tender from manufacturer of miners' books or their authorised agents for entering into a rate contract for one year for supply of Steel Toe cap Miners' safety Rubber canvas boots strictly conforming to the ISI specification No. IS : 3976-1975 required for the collieries situated in the States of Bihar, Qrissa, Madhya Pradesh and U. P. (Ext. A). In the said notice inviting tender, there was a price escalation clause, which is in the following terms :-