JUDGMENT

RAY, J. :- Special leave granted. Arguments heard.

2. This is an appeal against the judgment and order passed in R.F.A. (O.S.) 3 of 1983 on March 14,1983 by the High Court of Delhi dismissing the Civil Writ Petition in limine against the judgment and decree rendered by Chawla, J. in Suit No. 50 of 1972 on Feb. 12, 1982.

3. The matrix of this case is stated hereunder:

The appellant M / s. Marwar Tent Factory is a firm having its registered office at Jodhpur (Rajasthan) and dealing in the manufacture and sale of tents and tarpaulins. The firm is a regular supplier of these goods to the defence services of India.

4. On March 13, 1968 tenders were invited for the supply of tents by the Directorate General of Supplies and Disposals, the respondent No. 2. Accordingly, the appellant submitted a tender which was accepted by the officer of the Directorate General of Supplies and Disposals on behalf of the President of India.. The said contract was of two kinds of tents Flies Inner and Flies Outer. The agreed rate for the Files Outer was Rs. 225/ per tent and quantity was 19,100. In accordance with the said terms of the contract the goods were to be inspected at the premises of the firm