Judgment

Arijit Pasayat, J.—Appellant-Corporation calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court dismissing the First Appeal questioning correctness of the order dated 13.11.1987 of learned Additional District Judge, Delhi who had granted a decree of Rs. 81,442.53 with interest in favour of the respondent who was the plaintiff before the Trial Court.

2. The background facts in a nutshell are as follows:-

The appellant invited tenders from persons intending to purchase damaged foodgrains, by advertisement dated 9.6.1983. Tender submitted by the respondent was accepted on 22.7.1983. It is to be noted that the respondent was one of the successful bidders. Certain terms of the agreement which shall be indicated in detail stipulated payment of the price and the consequence of failure to do so i.e. levy of storage charges for the stock not lifted and interest. The tendered quantity was 2246 M.T. of damaged foodgrains. Respondent deposited certain amounts. On 1.2.1984 the respondent requested that part of the agreement which was not capable of being executed may be cancelled and balance amount may be refunded. Prayer was also made for waiver o