( 1 ) PLAINTIFF/appellant filed the suit for recovery of Rs. 1,92,292. 14 paise in this Court, being Suit No. 417 of 1968. The case of the plaintiff was that the directorate General of Supplies and Disposal (DGS and D for short) issued a tender on the November, 1964 for supply of 1045 metric tonnes (M. T.) of copper. The plaintiff iad offered to supply 1000 M. T. of this material which offer was accepted by dgsanddon 24/11/1964. It is an admitted case that the supply was required or army and DGSandd wanted an early supply. The plaintiff had quoted higher price or 500 M. T. shipment during January, 1965 and remaining 500 M. T. during february, 1965. Its lowest offer was at the rate of Rs. 5,557. 84 paise per M. T. when the shipment was to made at a later date in June/july, 1965. DGSandd, while accepting the offer, agreed to pay higher rates demanded by the plaintiff during amuary-February, 1965 shipment as it was in need of early supply. However, in me contract between the parties, following special condition was attached:

"special condition: It should be noted that on the assurance of the seller delivery at the rate as given under Clause 20 F. O. R. Bombay offered by you t