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2003 Supreme(SC) 102

S.N.VARIAVA, B.N.AGARWAL
State Of M. P. – Appellant
Versus
Ramswaroop Vaishya And Vinod Kumar Jain – Respondent


JUDGMENT

Variava, J.-These appeals are against the Order dated 12th August, 1997. Briefly stated the facts are as follows:

The Appellants invited tenders for collection and purchase of Salai/Cheed gum. The Respondents in both these Appeals submitted their tenders. The tender of the Respondent in Civil Appeal No. 1962 of 1998 was accepted in respect of the lot lying at Karahal and Khadi. The estimated quantity being 500 and 1000 quintals respectively. The tender of the Respondent in Civil Appeal No. 1963 of 1998 was accepted in respect of the lot lying at Sheopur. The estimated quantity being 1000 quintal. The relevant terms and conditions viz. Clauses 12, 15 and 22 of the Contract read as follows:

"12. Lot means the quantity of Salai Gum/Cheed Gum mentioned in the list 1 in a particular godown.

15. The bidder whose tender has been accepted shall be appointed purchaser of a particular lot who shall purchase the entire quantity of Salai Gum/Cheed Gum class 2 collected by the Prathmik Samitis in that lot or which is likely to be collected, and the entire quantity of Salai Gum/Cheed Gum, Class-2 in such lot purchased by the Sangh or its Prathmik Samitis from the local producer for the pu









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