B. P. Jeevan Reddy, J. - (1.) Leave granted
(2.) This appeal is directed against the judgment of a Division bench of the Allahabad High Court disposing of the writ petition filed by the respondent with certain directions. The arguments before us ranged far and wide and several questions have been raised though none of them are reflected in the judgment under appeal. It is averred that all these contentions were indeed urged before the High Court. Be that as it may, having regard to the importance of the question raised herein, which is said to be arising in that Court frequently, it has become necessary to refer to the contentions urged.
(3.) The respondent - Bridge and Roof Company (India) Limited - is a public sector corporation. It entered into a works contract with the Government of Uttar Pradesh for rehabilitation and Improvement of a certain stretch of road in Uttar Pradesh. The tender notice was issued on September 1, 1990. The date of opening the tenders was specified as December 17, 1990. The tenders were opened and the respondent's tender was accepted on May 1, 1991. The work has since been completed. The dispute is only about certain payments which the respondent claims are due to it whereas the appellant - Government of Uttar Pradesh - says that it is entitled to retain.;