The Order of the Court was as follows :

Heard.

2.1 The second petitioner in W.P. No. 10814 of 1999 is Managing Partner of the first petitioner - partnership firm in the said writ petition. The petitioner in W.P. No. 11805 of 1999 is a Private Limited Company.

2.2 The petitioners in both these writ petitions are engaged in manufacture and supply of Mono Block Concrete Sleepers to the Southern Railways functioning under the control of the Ministry of Railways, Union of India, for the various track renewal, construction and gauge conversion projects, pursuant to the agreements dated 30-3-1984 and 30-1-1983 respectively, which were extended from time to time under various agreements.

2.3 The respondent Railway administration have entered into similar agreements with several contractors under various agreements for supply of Mono Block Concrete Sleepers for the above-mentioned purpose.

3.1 Clause 6 of the agreements deals with the payment to the Contrators for the supply of Mono Block Concrete Sleepers of which Clauses 6.1.2(d), (e) and (f) are relevant to be referred to, which read as follows :

"6.1.2 (d) : The Contract or shall be entirely responsible for the safe custody and pr