- (1.) The petitioner seeks an order quashing a memo dated 07.09.2015 cancelling two purchase orders dated 13.10.2004 for the supply of 40 dental chairs/units with accessories issued under a rate contract dated 07.02.2014.
(2.) This is a purely contractual matter. The dispute is a purely contractual one. Allowing this petition would amount to granting a relief of specific performance of a contract to sell moveable property in a case which raises disputed questions of fact. The purchase orders have been cancelled on two grounds neither of which can be adjudicated conclusively and satisfactorily in this petition under Article 226 of the Constitution of India. Firstly, the supply was admittedly offered after the stipulated period. Secondly, the respondents have an apprehension regarding the quality of the products. Whether the respondents had waived the condition regarding the time for supplying the dental units and whether the dental units are of the requisite quality are questions which must be answered in appropriate proceedings. The petitioner must, therefore, be relegated to a suit or any other appropriate proceedings.
(3.) The respondents issued a notice inviting tenders for supply of complete dental unit with dental chairs alongwith accessories as per the specifications stipulated therein.;