- (1.) These appeals are against the Order dated 12th August, 1997. Briefly stated the facts are as follows : The Appellants invited tenders for collection and purchase of Salai/Cheed gum. The respondents in both these Appeals submitted their tenders. The tender of the respondent in Civil Appeal No. 1962 of 1998 was accepted in respect of the lot lying at Karahal and Khadi. The estimated quantity being 500 and 1000 quintals respectively. The tender of the respondent in Civil Appeal No. 1963 of 1998 was accepted in respect of the lot lying at Sheopur. The estimated quantity being 1000 quintals. The relevant terms and conditions viz. Clauses 12, 15 and 22 of the Contract reads as follows : "12. 'Lot' means the quantity of Salai Gum /Cheed Gum mentioned in the list I in a particular godown. 15. The bidder whose tender has been accepted shall be appointed purchaser of a particular lot who shall purchase the entire quantity of Salai Gum/Cheed Gum class 2 collected by the Prathmik Samitis in that lot or which is likely to be collected, and the entire quantity of Salai Gum/Cheed Gum, Class 2 in such lot purchased by the Sangh or its Prathmik Samitis from the local producer for the purpose of such supply or likely to be supplied on such terms and conditions applicable to the purchaser in the agreement referred to above. 22. (1) Commercial Tax, Forest Development Tax, Income-tax and other taxes shall be separately payable along with payable sale price. (2) If the purchaser fails to make a payment of the due amount by the Scheduled date, he shall be liable to a penalty @ 0.075% per day for the period of delay. (3) if the production of salai gum/cheed gum exceeds the notified quantity, the purchaser shall be bound to take the same on the agreed price. If, however, the supply of Salai Gum/Cheed Gum, Class 2 is less than the notified quantity due to natural or other reasons, no claim/dispute of any kind, shall be maintainable against the Sangh."
(2.) During the period of the contract gum in excess of the estimated quantity became available in the godowns at Karahal, Khadi and Sheopur. The respondent claimed that they were entitled, under the contract, to lift the additional quantity of gum at the contracted price . The Appellants did not allow the respondents to lift the additional quantities. Therefore both the respondents filed Writ Petitions in the High Court. Those two Writ Petitions have been disposed of by the common impugned judgment. In the judgment it has been held that the respondents are entitled as per the terms of the contract, to lift the additional quantities (which have become available during the relevant period) at the contract price.
(3.) We have heard the parties. In our view the High Court is right in concluding that during the contracted period the respondents could lift at the contracted price all the gum which became available in the godown allotted to them. The definition of the term 'Lot' shows that a lot means the quantity of Salai/Cheeed gum in a particular godown. In List I only estimated quantities are given. The purpose of mentioning that the quantity is estimated is because there could be more or less. Clause 15 shows that the purchaser has to purchase the entire quantity collected by the Samity in that lot. Further Clause 22(3) also shows that if the purchase of Salai/Cheed gum exceeds the notified quantity the purchaser is bound to purchase the same at the agreed price. We, therefore, see no infirmity in the impugned judgment and see no reason to interfere.;