( 1 ) THE petitioner (in CW 357/71) claims to be a tent manufacturer on the approved list of contractors of the Directorate General of supplies and Disposals, Govt, of India. In pursuance of the acceptance of tender dated March 13, 1968 the petitioner agreed to supply tents of a total cost of Rs. 62,03,650. 00 of the agreed apecifications and quality to the Union of India. According to the terms and conditions of the contract, 95 per cent of the agreed purchase price of the tents was to be paid after inspection and acceptance of the same by the inspecting Officer and on proof of their despatch. The balance 5 per cent was to be paid after their receipt in good good condition by consignee. Petitioner supplied total contracted quantity in nine consignments, tendered for inspection during the months of June, July, August and September, 1968. All the consignments were inspected by the Inspecting Officer and accepted. On proof of their despatch 95 per cent of the price was paid to the petitioner. The balance 5 per cent was also paid to it after receipt of the consignments by the consignse on the basis of three certificates issued by the consignee in September, 1968 that