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1985 Supreme(SC) 172

A.N.SEN, P.N.BHAGWATI
Zodiac Electricals Private LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
M.C.BHANDARE, N.C.TALUKDAR, N.L.Kakkar, R.N.Poddar, T.SHRIDHARN, U.R.Lalit

JUDGMENT

BHAGWATI, J.:— This appeal by special leave raises a very short question of construction of certain correspondence between the appellants and the Directorate General of Supplies & Disposals (hereinafter referred to as DGS & D). The question is whether as a result of this correspondence a concluded contract came into being between the appellant and the Govt. of India acting through the DGS & D.

2. The DGS & D invited tenders for ACSR Conductors. The tender forms were issued by the DGS & D along with the Schedule which set out the terms and conditions on which the tenders were invited. Clause 4 of the Schedule dealt with the question of delivery while Cl. 8 provided for giving of security deposit. The appellants by their letter dt. 9th June, 1979 submitted their tender to the DGS & D for certain quantity of ACSR Conductors on the terms and condition set out in the Schedule which was submitted by them along with the tender. The appellants stipulated in Cl. 4 of the Schedule that delivery would commence after 30 days from the date of receipt of commercially and technically clear detailed order from the DGS & D and the ACSR Conductors will be supplied at the rate of 30M/tonnes t













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