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17. A perusal of records would show that as agreed by the parties in the said agreement, the time for producing 14,49,378 numbers of geometry boxes by the respondent would be supplied within 58 days. Testing agency had taken 25 days for testing 14,49,378 nos. of geometry boxes and transit from Delhi to Chennai destination would be a 15 days, therefore minimum time to be taken for supply is 58+25+15=98 days.

19. Though the appellant-corporation has strongly contended that there was willful delay in dispatching the geometry boxes and violates the tender conditions in not delivering the entire geometry boxes within the stipulated time of 75 days from the date of acceptance of sample i.e on 05.08.2015 cannot be accepted in view of the communication marked as Ex.C13 in which appellant- corporation had specifically instructed the respondent to commence the dispatch only after issuing clearance by the appellant. In this case, clearance was issued https://www.mhc.tn.gov.in/judis only on 12.11.2015, therefore the period for delivery has to be calculated only from 12.11.2015. The records also reveal that as per delivery challans the materials were supplied from 28.11.2015 onwards, but the appellant-corporation did not raise any kind of objection in the manner of supplying the materials alleging delay till the dispute arose between the parties.

22. Undisputedly the tender was floated by the appellant-corporation for the purchase of geometry boxes free of cost to be supplied to the students for the academic year 2015-2016. Even though, the entire geometry boxes were received in the month of March 2016, after a considerable days of delay which occurred mainly on the part of the appellant-corporation, the same were supplied https://www.mhc.tn.gov.in/judis to the students. The said geometry boxes neither refused by the students nor kept by the appellant-corporation as unused. Therefore, the appellant corporation did not sustain any loss in this regard .

23. Further, the due date for supply of entire geometry boxes by the respondent as per the agreement was on 30.10.2015. According to the appellant- corporation, there was 136 days delay caused in supply of the geometry boxes. Undisputedly, out of 136 days, 63 days delay was caused by the appellant due to non appointing of inspecting agency. The written statement filed by the appellant before the tribunal reveals that the said 63 days delay caused due to the act of appellant-corporation has been waived by themselves. But the alleged delay of 73 days was not waived by the appellant-corporation and imposed penalty of Rs.75,19,451/- which act clearly shows the partiality in waiver of delays.