HEAVY ENGINEERING CORPORATION LTD Vs. CROMPTON GREAVES LTD

JUDGEMENT

(1.) This is an application made by Heavy Engineering Corp. Ltd. inter alia for stay of the Suit No. 2388 of 1968 (Crompton Greaves Ltd. v. Heavy Engineering Corporation Ltd.) and all proceedings thereunder. On or about 4th October, 1963, the applicant issued a notice bearing No. 4/FF/63 inviting tender for the supply of a Transformer. Switch-gear, Circuit Breaker. Isolator. Sele- nium Rectifier Panel etc. It is alleged that pursuant to the said invitation to tender the respondent's predecessor, one Greaves Cotton Crompton Parkinson Ltd. submitted a tender bearing No. AQ/P7210/ SED for the supply of a Transformer. The said tender was accepted. It is alleged by the respondent that the said invitation to tender contained a pamphlet which contained certain special conditions. The respondent alleges that the respondent's predecessor submitted the said tender subject to the said special conditions. The said tender, however, was accepted by the petitioner by a letter dated 24th September, 1964, bearing No. PUR/FFP/35426/ EL/64/217. The relevant parts of the Invitation to tender are set out below :

(2.) The relevant portion of the Acceptance of tender submitted by the letter dated 24th September. 1964. are set out below :

(3.) The said letter contains terms as to price, sales tax. delivery, despatch instructions, insurance, inspection, payment tests and guarantee.