Judgment

K. Venkataswami, J.-Special leave granted.

Heard counsel on both sides.

2. The appellant filed a suit for specific performance of the contract in question by returning (delivery) the goods weighing 124.255 Metric Tonnes rail/blooms or in the alternative to direct the defendant to pay a sum of Rs. 2 lacs against the non-delivery/supply of the said goods. Brief facts are the following:-

According to the appellant, it was agreed between the parties that the respondent herein accepted the offer for re-rolling of M.S. bars out of rails and blooms for all dias, i.e. 10 MM to 20 MM on certain conditions. The relevant conditions as given in the Plaint are the following:-

Condition No. 2 :

Steel will be supplied weight to weight.

Condition No. 3 :

The firm will be responsible for the quality of steel out of the material supplied by the Board.

Condition No. 4 :

The supplier shall be responsible for safe custody of the material supplied by the Board to them.

Condition No. 7 :

About 2000 Mts. of rail or bloom shall be got re-rolled from you during 1976-77.

3. The admitted facts are that the appellant supplied 1992.745 Metric Tonnes rail/ blooms in 1997 f