GENERAL INDUSTRIES Vs. BANK OF RAJASTHAN AND RAJASTHAN STATE MINES AND MINERALS

JUDGEMENT

(1.) THIS is an application by the Rajasthan State Mines and Minerals Ltd. defendant No. 2 in this suit, asking that the plaint in the above suit should be rejected and/or be taken off the file and further that the said suit be stayed. In order to appreciate the contentions raised in this case, it would be relevant to refer to certain facts.

(2.) ON 6th April, 1976, the petitioner, i.e., the said defendant No. 2 in this suit, published in the Statesman a tender notice inviting tenders for the transport of gypsum from the gypsum deposit of respondent No. 2 at Mahila Mines in Sri Ganganagar to Hanumangarh Town Railway sidings on the Northern Railway, both in the State of Rajasthan. ON 20th April, 1976, respondent No. 1, i.e., the plaintiff in this case, in response to the said tender notice, submitted a tender at Bikaner in the State of Rajasthan along with a deposit of earnest money of Rs. 20,000 as stipulated in the said notice.

(3.) ON the 31st January, 1977, two separate contracts in writing were entered into by and between respondent No. 1 and the petitioner, one being called Carriage Agreement No. 1 and the other being called Purchase Agreement No. 1. It may be proper at this stage to refer to certain clauses of the said two agreements.