1. Controversy, shorn of all details is whether the Food Corporation of India (hereinafter referred to as FCI) can recover Rs. 4,72,98,414/- (Rs. Four Crores Seventy Two Lakhs, Ninety Eight Thousand, Four Hundred and Fourteen Only) from the petitioner (Road Transport Contractor), pursuant to order dated 14.10.2009, in terms of terms of Clause XXI(6) of the Model Tender Form (hereinafter referred to as 'MTF') (executed between the parties) on account of non - supply of 123 truckloads of material dispatched by it i.e. food grains, through the petitioner. Clause XXI(6) of the Model Tender Form is reproduced hereunder:

XXI. Duties and Responsibilities of the Contractors and their liability for losses etc. suffered by Corporation.

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6. 'The contractor shall be liable to make good the value of any shortage, wastage, loss or damage to the goods in transit at two times the issue rate, as applicable from time to time, for all food - grains and commodities other than sugar and three times the issue rates as applicable from time to time in respect of sugar when the General Manager (whose decision shall be final) besides that the difference between the weights taken at the des