- (1.) This appeal is against the judgment dated 8.1.1998.
(2.) Briefly stated the facts are as follows: The appellant is a statutory board established under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950. The appellants manage temples in Travancore. In the course of management of temples, the appellant invited tenders for supply of polythene containers for packing Aravana during the festival in Sabarimala Temple. Various parties submitted their tenders. The respondent was the lowest tenderer. Therefore, his tender was accepted for the year 1990-91. A formal agreement was entered into on 12.10.1990. The respondent was to supply 15 lakh containers of 250 ml. and 1,25,000 containers of 500 ml. Clause 2 of the agreement provided that the rate quoted in the contract will be firm till the close of May 1991. On 17.10.1990 the respondent made a representation. He claimed escalation of price due to increase in price of the raw material as a result of the Gulf War and due to difficulties in transportation resulting from the Ram Janmabhoomi agitation.
(3.) It must be mentioned that under the contract the material was to be supplied before the end of September 1990. There was some delay in supply. However, the respondent supplied the quantity by March 1991. Instead of supplying one lakh 500 ml containers he supplied two lakh 250 ml containers. The same was accepted by the appellants.;