HEAVY ENGINEERING CORPORATION LTD Vs. CROMPTON GREAVES LTD
HIGH COURT OF CALCUTTA
HEAVY ENGINEERING CORPORATION LTD.
CROMPTON GREAVES LTD.
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S.C.Ghose, J. -
(1.) This is an application made by Heavy Engineering Corp. Ltd. inter alia for stay of the Suit No. 2388 of 1968 (Crompton Greaves Ltd. v. Heavy Engineering Corporation Ltd.) and all proceedings thereunder. On or about 4th October, 1963, the applicant issued a notice bearing No. 4/FF/63 inviting tender for the supply of a Transformer. Switch-gear, Circuit Breaker. Isolator. Sele- nium Rectifier Panel etc. It is alleged that pursuant to the said invitation to tender the respondent's predecessor, one Greaves Cotton Crompton Parkinson Ltd. submitted a tender bearing No. AQ/P7210/ SED for the supply of a Transformer. The said tender was accepted. It is alleged by the respondent that the said invitation to tender contained a pamphlet which contained certain special conditions. The respondent alleges that the respondent's predecessor submitted the said tender subject to the said special conditions. The said tender, however, was accepted by the petitioner by a letter dated 24th September, 1964, bearing No. PUR/FFP/35426/ EL/64/217. The relevant parts of the Invitation to tender are set out below :
"Sealed item rate tenders are invited from reputed and experienced suppliers for the supply of machinery and equipment including all accessories for the Foundary Forge, Hatia. Ranchi. in respect of the following categories :" The suppliers will be required to give a performance guarantee of the rated capacity of the equipment offered by them and also guarantee for functional output tests on the completion of the erection of the equipment. Tender forms, conditions and specifications of the tender are obtainable from the office of the General Manager, Foundry Forge, Heavy Engineering Corporation Ltd. P. O. Hatia, Ranchi, on any working day during the usual working hours from 12th August, 1963 to 31st August, 1963 (both days inclusive) on payment of the following tender fee in cash (non-refundable) : *****
(2.) The relevant portion of the Acceptance of tender submitted by the letter dated 24th September. 1964. are set out below :
"Your offer for the following items has been accepted as per details Riven below : ***** This contract will be governed by our general terms and conditions specified by HEC Ltd, which can be had on payment of Rs. 0.50 np."
(3.) The said letter contains terms as to price, sales tax. delivery, despatch instructions, insurance, inspection, payment tests and guarantee.;
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