JUDGMENT :

SUGATO MAJUMDAR, J.

1. This is suit for damages alleging breach of contract along with consequential reliefs.

2. Nutshell of the plaint case is that the Plaintiff is carrying on business of manufacture and dealing in scientific and process instruments as sole proprietor under the name and style of M/s Electro Scientific Industries having registered office at 54B, Harish Chatterjee Street, Kolkata-700026, outside the jurisdiction of this Court. The Defendant is a public limited company, being an undertaking of Government of India, registered under the Companies’ Act 1956, having registered office at 1, Shakespeare Sarani, Kolkata-700071, within jurisdiction of this Court. The Defendant is engaged in construction of steel plant, sinter plaint, raw material handling plant and other works and has a factory at Durgapur, West Bengal.

3. In the month of November 1991, the Defendant sought offers from different suppliers including the Plaintiff for supply of certain scientific and process instruments to the Defendant. Pursuant to a negotiation, held at the registered office of the Defendant, the Plaintiff made an offer in writing for supply of the following instruments:

1. Calorific