MUKUNDAKAM SHARMA, J.

( 1 ) THE respondent invited tenders by issuing a Notice Inviting Tender (NIT) dated 30. 9. 1982 for design, manufacture, erection, testing and commissioning of "aerial Ropeway System" for the Gandhamardan Bauxite Mines in Orissa.

( 2 ) IT is specifically stated in the petition that the said tender was invited at New Delhi. The tender submitted by the petitioner as against the aforesaid Notice Inviting tender from New Delhi was received by the respondent at New Delhi and by a letter of acceptance dated 13. 10. 1983 sent by the respondent from New Delhi, the respondent awarded the aforesaid work on turnkey basis to the petitioner. On receipt of the said letter the petitioner also wrote to the respondent at their office at New Delhi acknowledging the letter of acceptance dated 13. 10. 1983 sent from New Delhi stating that the bank guarantee as sought for would be furnished. However, due to certain agitation by tribals of the locality, namely, at Paikual the field activities of the project had to be stopped. Finally by a letter dated 29. 2. 1988 the petitioner informed the respondent about the financial implications as a result of the suspension of the project wo

Click Here to Read the rest of this document