JUDGMENT AND ORDER (CAV)

Whether communication of acceptance containing counter offer without there being a formal contract preceded by payment of earnest money constitutes a concluded contract, is the central question in the present first appeal. By challenging the judgment and decree dated 07.07.2003 passed by the learned Civil Judge (Senior Division), Jorhat in Money Suit No. 34/1998, the appellant has raised this question. According to the appellant, there was no concluded contract with the respondent/plaintiff and in that view of the matter the impugned judgment and decree for realization of Rs. 9,49,526/- (Rupees nine lakh forty nine thousand five hundred and twenty six), being compensationed, is untenable and is liable to be set aside in cost.

2. The respondent, as plaintiff, instituted Money Suit No. 34/1998 in the Court of learned Civil Judge (Sr. Divn.), Jorhat stating that pursuant to Notice Inviting Tender (hereinafter referred to as ‘the NIT’) dated 25.02.1992 for construction of first floor of vertical extension of the laboratory building at Regional Research Station, Diphu, the plaintiff submitted tender along with 8 (eight) others quoting Rs. 24,52,060/- (Rupees twen

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