SANJAY KISHAN KAUL, J.

( 1 ) THE Department of Telecommunications (DOT), respondent herein, entered into an agreement with M/s. Sterlite Industries (India) Ltd. , petitioner herein, on 17. 12. 1996 for su Kasinka Trading v. Union of India (1195) 1 SCC 274) pply of PIJF underground cables on deferred payment basis for a total value of Rs. 15. 94 crores to the Calcutta Circle of DOT. The delivery period under the Contract as per clause 7. 0 (b) was prescribed as four months and the delivery had to be at site basis by rail/road as per clause 7. 0 (a ). The total quantity to be supplied under the Agreement was 1,74,000 CKM with calcutta Circle of DOT prescribed as the consignee.

( 2 ) THE petitioner completed the dispatch of 1,29,417. 20 CKM of PIJF cables up to 31. 3. 1997. An all India strike of Lorry Transporters Association took place from 31. 3. 1997 to 11. 4. 1997 and the petitioner claimed that though it was ready and willing to supply the cables, on account of the strike there was stop Page of supply of raw material to the factory of the petitioner, which raw material was required for production of cables. It was further claimed that the material, which was already dispatched