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1975 Supreme(Del) 57

PRITHVI RAJ
RATLAM STRAW BOARD MILLS PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.L.BHARGAV, P.N.TALVAR

PRITHVI RAJ

( 1 ) THE plaintiff through this suit has prayed for a decree against the defendants to the effect that by the non-acceptance of the advance sample by the defendants the contract of supply dated 4th June. 1968, had come to an end. The plaintiff further seeks a declaration that the breach of the contract was on the part of the defendants and that defendants are not entitled to recover any amount from them. A further declaration is sought to the effect that it be held that there is no valid contract between the parties as the offer made by the plaintiff was not specifically accepted by the defendants and that the defendants be restrained from effecting any recovery from the plaintiff.

( 2 ) CONTRACT dated 4th June, 1968. for supply of paper water-proof Bitumen in (size) of 36" to the extent of 3,36,677 Kgs. to the specification No. IND-ME/ 577 (a1 was concluded between the parties. By letter dated l6th June, 1968. the Chief Inspector of Military Explosives substituted the abovesaid specification by specification No. JSS-1212. On the plaintiff s asking for a copy of the substituted specification, defendant No. 2 vide its communication dated 5th July. 1968, reiterated that t















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