Since these two Writ Petitions raise common issues of fact and law, they are heard and being disposed of together.

The short point involved in these two Writ Petitions is whether the petitioner is liable to pay the additional cost in respect of supply of Barytes agreed to be supplied by the respondent during the previous year, but supplied in the next year.

The facts in brief giving rise to this question are that the petitioner entered into separate agreements on 8-8-2011 with the respondent for supply of 'A' and 'B' Grade Barytes, as the case may be. In W.P.No.26321/2012, the petitioner agreed to buy and the respondent agreed to sell 60 Metric Tons (M.Ts.) of 'B' Grade Barytes per annum, which works out to 5000 M.Ts. per month, for a period of three years. In W.P.No.26345/2012, the petitioner agreed to buy and the respondent agreed to sell 2,00,000 M.Ts. of 'A' Grade Barytes, which works out to 16,667 M.Ts. per month, for a period of three years. It is agreed between the parties that in respect of the quantities supplied during the second and third years, the petitioner shall pay increased price @ 5% over the previous year's prices. The first year of supplies commenced fr