- (1.) Heard the learned Counsel for the respective parties. Facts in Writ Petition No.1907 of 1998 :
(2.) On or about 13.3.1981, the petitioner/Company was awarded a Contract bearing no. W.188.C.360 with the respondent/Railway to supply two lakh ten thousand units of Monoblock Prestressed Concrete Sleepers (hereinafter referred as 'MPCS units') to the Railways. The respondents had enhanced the above order by further two lakh MPCS units of 60 KG specifications. The petitioner/ Company manufactured and supplied the MPCS units and have received payments from the respondents. On 24.9.1990, the respondent awarded the first repeat order for manufacture and supply of 7,50,000/ (seven Lakh fifty thousand) and 82,000 (eighty two thousand units) inclusive of adhoc orders sanctioned by Railway Board vide letters dated 10.5.1989 and 7.12.1989. Accordingly, the petitioners have manufactured and supplied MPCS units.
(3.) On 24.3.1995, further repeat ad hoc order of one lakh MPCS units plus 6,75,000 MPCS units was lodged. As on 27.11.1997, the petitioner have manufactured 4,58,677 MPCS units. On 6.2.1996, by letter No.W.188.C.Ro/II/360, respondents requisitioned the petitioner to manufacture and supply additional quantity of 40,000 MPCS units over and above 1,35,000 MPCS units. By 31.3.1996, the entire quantity of 1,75,000 MPCS units were to be supplied during 199596 .;