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1986 DIGILAW 518 (SC)

State Of Rajasthan v. Western India Motor Private LTD.

1986-11-11

G.L.OZA, O.CHHINNAPPA REDDY

body1986
ORDER This appeal by certificate has no substance. The only question is whether the price to be paid for the trucks supplied by respondent to the appellant is the price mentioned in the tender or whether it is the price subsequently revised by the Director General of Supplies and Disposals. Even in the original tender it was mentioned : "Special unit price applicable to the orders from government departments and the Director General of Supplies and Disposals, ex-factory, Jamshedpur" will be chargeable. In the letter of acceptance from the Executive Engineer, Rajasthan Underground Water Board, it was stated : "the price is according to the Director General of Supplies and Disposals rate contract and a certificate from the Director General may be obtained before making payments". Subsequently, when the Director General of Supplies and Disposals revised the rates, the respondent wrote a letter in which he expressly mentioned that he would be supplying the trucks and claiming the rates fixed by the Director General of Supplies and Disposals. In his reply the Executive Engineer did not take any contrary stand. On this material the High Court came to the conclusion that "the terms settled between the parties were that the prices chargeable by the plaintiffs will be in conformity with the prices fixed by the Director General of Supplies and Disposals". On that finding, we think that the High Court was justified in passing the decree. The appeal is, therefore, dismissed with costs. For Citation : 1987 (Supp) SCC 64.