Vikramajit Sen,j. (Oral ).

( 1 ) THE facts which has led the parties into this litigation are that on 11. 4. 1989 the Tender of the Petitioner in respect of supply of Multimeters together with its "carrying Cases" was accepted by the respondents. As envisaged by the Acceptance of Tender (A. T.) the Security Deposit for a sum of Rs. 11,220 was duly furnished. The receipt of this sum stands admitted in terms of the letter of Respondent No. 1 dated 4. 1. 1990 The terms of payment are contained in Clause 18 (c) of the A. T. dated 11. 4. 1989 and this was in two stages - 95 per cent payment at the time of Inspection and Despatch and the remaining 5 per cent balance thereafter. It has been admitted that 88 Multimeters at the rate of Rs. 2400. 00 , valued at Rs. 2,11,200. 00 together with their Carrying Cases at the rate of Rs. 150. 00 , valued at Rs. 13,200. 00 thereby aggregating the total of Rs. 2,24,400. 00 were despatched on 26. 10. 1989. The delivery of these goods is not in dispute, but it is the case of the Respondent that this delivery was effected beyond the date envisaged in the A. T.

( 2 ) THE claims which fall for determination at this juncture were detailed in para 10 of the

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