K S LAKSHMINARAYANA SETTY Vs. STATE OF MYSORE

JUDGEMENT

(1.) The appellant-plaintiff has filed this appeal against the decree dated the 29th Day of November 1959, passed by the Civil Judge at Mysore, in Regular Appeal No. 18 of 1959, by which he allowed the appeal of the defendant, reversed the decree of the trial court and dismissed the plaintiffs suit, and it is the correctness of this decree that is being challenged by the appellant in this appeal.

(2.) The plaintiff is a firm of Messrs. K. S. Lakshminarayana Setty, N. Kamakshiah Setty, trading in silk at Kollegal. In February 1954, the Government of Madras, in the Department of Industries and Commerce called for tenders for the purchase of double and inferior cocoons from the Government Silk Filatures, Kollegal. The plaintiff gave a tender for both the varieties of cocoons and quoted Rs. 1-4-0 per pound for double cocoons and Re. 0-12-0 per pound for inferior cocoons, and also made the required deposit of Rs. 50/- at the treasury under Ext. A-3, dated 1st March 1954.

(3.) By Ext. A-4, the Director of Industries and Commerce informed the plaintiff that its tender for the purchase of inferior cocoons at the rate noted in the schedule to the tender notice viz. As. 12/per pound, had been accepted and asked the firm to remit the amount of Rs. 225/-, which was 1/10th of the value of the accepted tender, in accordance with Clause 5 of the tender notice. It was further informed that the inferior cocoons should be removed before the 1st of April 1954 and that it should execute an agreement as required by Clause 8 of the tender, in the form that would be supplied to it after affixing an adhesive stamp of the value of Rs. 1-8-0.