D WREN INTERNATIONAL LIMITED Vs. ENGINEERS INDIA LIMITED
LAWS(CAL)-1996-3-31
HIGH COURT OF CALCUTTA
Decided on March 28,1996

D.WREN INTERNATIONAL LTD. Appellant
VERSUS
ENGINEERS INDIA LTD. Respondents


Referred Judgements :-

MUSSUMMAT CHAND KOUR V. PARTAB SING [REFERRED TO]
COUNCIL OF CIVIL SERVICE UNIONS V. MINISTER FOR THE CIVIL SERVICE [REFERRED TO]
KUMARI SHRILEKHA VIDYARTHI V. STATE OF UTTAR PRADESH REPORTED IN [REFERRED TO]
JONES V. SWANSEA CITY COUNCIL [REFERRED TO]
MARINE ENGINEER V. SIDDESWAR HALDAR [REFERRED TO]
MARINE ENGINEER V. SIDDESWAR HALDER [REFERRED TO]
ARTHUR BUTLER AND CO. LTD,V. DISTRICT BOARD OF GAYA [REFERRED TO]
JUTE CORPORATION OF INDIA LTD. V. NILLIMARLA JUTE MILLS CO. LTD. [REFERRED TO]
REGIONAL MANAGER VS. PAWAN KUMAR DUBEY [REFERRED TO]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
KASTURI LAL LAKSHMI REDDY REPRE SENTED VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
STATE OF RAJASTHAN VS. SWAIKA PROPERTIES [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ESCORTS LIMITED [REFERRED TO]
DWARKADAS MARFATIA AND SONS VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [REFERRED TO]
G B MAHAJAN VS. JALGAON MUNICIPAL COUNCIL [REFERRED TO]
PATEL ROADWAYS LIMITE0D BOMBAY PATEL ROADWAYS LIMITED BOMBAY VS. PRASAD TRADING COMPANY:TROPICAL AGRO SYSTEMS PRIVATE LIMITED [REFERRED TO]
STERLING COMPUTERS LIMITED UNITED DATABASE INDIA PRIVATE LIMITED UNITED INDIA PERIODICALS PRIVATE LIMITED VS. M AND N PUBLICATIONS LIMITED:MAN PUBLICATIONS LIMITED:M AND N PUBLICATIONS LIMITED [REFERRED TO]
FOOD CORPORATION OF INDIA VS. JAGANNATH DUTTA:L C BHAKAT [REFERRED TO]
D K YADAV VS. J M A INDUSTRIES LIMITED [REFERRED TO]
STEEL AUTHORITY OF INDIA LIMITED VS. SALEM STAINLESS STEEL SUPPLIERS [REFERRED TO]
ASSISTANT EXCISE COMMISSIONER VS. ISSAC PETER [REFERRED TO]
STATE OF GUJARAT VS. MEGHJI PETHRAJ SHAH CHARITABLE TRUST [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. UTPAL KUMAR BASU [REFERRED TO]
TATA CELLULAR VS. UNION OF INDIA [REFERRED TO]
NEW HORIZONS LIMITED VS. UNION OF INDIA [REFERRED TO]
LIC OF INDIA VS. CONSUMER EDUCATION AND RESEARCH CENTRE [REFERRED TO]
UJJAL TALUKDAR VS. NETAI CHAND KOLEY [REFERRED TO]
SERAJUDDIN AND CO VS. STATE OF ORISSA [REFERRED TO]
G VENKATESHA BHAT VS. KAMLAPAT MOTILAL [REFERRED TO]
UNION OF INDIA VS. HINDUSTAN ALUMINIUM CORPORATION LIMITED [REFERRED TO]
SIBEN KUMAR MONDAL VS. HINDUSTHAN PETROLEUM CORPORATION LTD [REFERRED TO]
C ROY CO VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

INDO RAMA SYNTHETICS INDIA LIMITED VS. UNION OF INDIA [LAWS(DLH)-2001-12-137] [REFERRED]
UNIFLEX CABLES LTD VS. MTNL [LAWS(DLH)-2009-2-51] [REFERRED TO]
DHANALAKSHMI T VS. CHIEF COMMERCIAL OFFICER [LAWS(APH)-2001-3-58] [REFERRED TO]
JAGADISH P VS. REGISTRAR NTR UNIVERSITY OF HEALTH SCIENCES [LAWS(APH)-2001-10-94] [REFERRED TO]
GOVT OF A P VS. S YELLAMANDA [LAWS(APH)-2001-10-21] [REFERRED TO]
RONIX POLYMERS PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-1997-4-19] [REFERRED TO]
ASSAMBROOK EXPORTS LIMITED VS. EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LIMITED [LAWS(CAL)-1997-5-1] [REFERRED TO]
BRIJ RAJ OBEROI VS. STATE OF SIKKIM [LAWS(SIK)-1997-3-1] [REFERRED TO]
RELIANCE BROADCAST NETWORK LIMITED VS. RAJ OIL MILLS LTD. [LAWS(BOM)-2014-2-90] [REFERRED TO]
NILRATAN GHOSH VS. INDO [LAWS(CAL)-1998-4-52] [REFERRED TO]
PARSOLI MOTORS WORKS PRIVATE LIMITED VS. BMW INDIA PRIVATE LITMITED [LAWS(DLH)-2018-1-318] [REFERRED TO]
HIRALAL CHOWHAN & COMPANY VS. BOARD OF TRUST OF PORT OF KOLKATA [LAWS(CAL)-2018-8-152] [REFERRED TO]


JUDGEMENT

SATYA BRATA SINHA - (1.)A letter dated 8-10-1995 cancelling acceptance of an offer made by the petitioners as regards supply of loading arms to the respondents Nos. 1 and 2 pursuant to a request for quotation for supply of loading arms as contained in Annexure 'L' to the writ application as also issuance of a global tender notice issued by the first respondent in terms of its letter dated 10th October, 1995 in Annexure 'M' thereto are the subject matter of the present writ application.
(2.)The fact of the matter shortly stated is as follows :-A request for quotation for supply of loading arms was made by the petitioner on or about 14-9-1994 in relation where two bids were required to be submitted in two parts; (i) the unpriced bid complete with technical and commercial details and (ii) price bid complete with all technical details and commercial details as also with full price details.
(3.)Technical specification were required to be given in terms of the requisition attached thereto and in case of revision the same were required to be spelt out. The petitioners submitted their technical commercial bid and price bid on 24-10-1994. Various letters were exchanged and discussions were held for a period of over nine months. By a fax dated 5-8-1995 the offer of the petitioner was accepted by the respondent No. 1 as contained in Annexure-I to the writ application; one of the clauses whereof required joint signature and acceptance of purchase orders by the petitioners as also its American collaborator O.P.W. Engineering System, USA (hereinafter referred to as the 'Collaborator'). On the same date the said offer was accepted by the petitioner but by a fax dated 10th August, 1995 the respondent No. 1 requested the petitioners to hold action on fax of acceptance, which the petitioner agreed in terms of its fax message dated 14th August, 1995 without prejudice to its rights and contentions. However, on 8-10-1995 the respondent No. 1 intimated to the petitioner by a fax message that the earlier fax of acceptance of offer dated 5-8-1995 was cancelled and a decision to reissue tender was intimated to it whereafter on 10th October, 1995 a global notice was issued inviting tenders for supply of loading arms.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.