R. Subhash Reddy, J. - (1.) Leave granted.
(2.) This civil appeal is filed by the first defendant/National Aluminum Company Limited (NALCO), a Government of India Enterprise, in pending Civil Suit No. 2610 of 2015, on the file of Learned Senior Civil Judge, Gurgaon, Haryana, aggrieved by the order dated 22.10.2016, passed in Civil Revision No.2471 of 2016 (O&M) by the High Court of Punjab & Haryana at Chandigarh.
(3.) The appellant-Company, a Government of India enterprise, has issued a tender notice on 05.05.2011, inviting tenders for construction of Ash Pond-IV in District Angul of Odisha State. The first respondent herein i.e Subhash Infra Engineers Pvt. Ltd. (for short 'SIE') has submitted its offer/tender on 06.06.2011. On 09.11.2011, the appellant herein has accepted the offer/tender submitted by the first respondent herein and issued the work order to the said respondent. By a letter dated 18.11.2011, the appellant addressed the first respondent to attend a kick off meeting on 19.11.2011. As no one on behalf of first respondent attended the meeting proposed on 19.11.2011, the appellant again issued a letter dated 21.11.2011, requesting the first respondent once again to come for a kick off meeting. In response to the letter dated 21.11.2011, the first respondent/SIE herein vide letter dated 21.11.2011, expressed his inability to execute the work, unless certain specifications are changed/revised. In the said letter dated 21.11.2011, the first respondent/SIE herein has agreed that the appellant-Company has accepted the offer made by it. Further, vide letter dated 02.12.2011, the respondent/SIE informed the appellant that the work order is not acceptable to them.;