1. Petitioner is a manufacturer of Road Construction Machineries/Pursuant to tender issued by the Road Construction Department, petitioner had tendered and Purchase Order was placed for supply of Bitumen Sprayers. These Bitumen Sprayers had to be manufactured as per orders. After supply of three Bitumen Sprayers, out of four, there were some differences amongst the parties. The petitioner asserts it was ready for supply after inspection by the respondent in January, 1995 but delivery was not taken. This again was as a consequence of some dispute amongst the parties. Ultimately, lot of correspondences were exchanged and by Annexure-9, being letter dated 15.2.2006, petitioner agreed to refund the entire money, which had been received after inspection without raising any claim for loss caused for holding back the machine for over ten years. This was as a full and final settlement. This was, responded to by the Executive Engineer by Annexure-9/A, dated 28.2.2006 wherein they agreed to accept the payment as full and final settlement provided it was made immediately.

2. In the offer, as made by the petitioner, to refund they had categorically shown that they were making an adjust