S.K.Chattopadhyaya, J.

1. The petitioner, a proprietorship concerned, has moved this Court being aggrieved by the letter dated 12.5.97 issued by the respondent-Heavy Engineering Corporation at Ranchi.

2. The petitioner being an authorised stockist/distributor of some companies, supplied goods to the major industries including M/s. Heavy Engineering Corporation (in short the Corporation). Some time on 27.6.94 the Corporation made an enquiry from M/s. Rallies India Limited, Engineering Division, Calcutta regarding purchase of certain machineries and the petitioner being its agent. M/s. Rallies India Ltd. forwarded the same to it and in turn the petitioner addressed a letter to the Assistant Manager (Purchase) of the Corporation on 18.7.94 quoting the rates in respect of the concerned goods. This letter in Annexure 2. In its quotation the petitioner specified its terms and conditions to the payment which was 95% to be paid against proforma invoice and balance 5% on CRB. The respondents placed an order on 1.10.94 asking the petitioner to complete the delivery by 15.11.94. On receipt of this supply order, the petitioner sent a proforma invoice to the Corporation (Annexure 3). In