JUDGMENT

1. The question that arises in the present Appeal is whether a condition stipulated in the letter of acceptance to the effect that a lease agreement will be executed only after the Government approval of Model Lease Agreement, with conditions regarding subleasing etc. and stipulation of signing of the lease agreement on compliance of the said condition, would amount to a 'Concluded Contract'. Another ancillary point which need an appreciation in the Appeal, is whether absence of condition in the tender document to the effect that the lease agreement shall be subject to sanction of the State Government, would cease to have it's contingent effect.

2. Heard Advocate Surel S Shah for the applicant and Sr. counsel Dr. Milind Sathe for the respondent. With the assistance of the respective counsel, I have perused the Memo of Appeal as well as the documents appended thereto, including the document of RFP (Request For Proposal) as well as the copy of the plaint, written statement and the impugned order.

3. The Maharashtra State Road Development Corporation (MSRDC), an undertaking of the Government, issued a Request for Proposal to bidders, inviting submission of 'proposal' for the lea