Heiza Boilers (I) Pvt. Ltd. & Anr vs Union Of India on 20 July, 2009
There is no merit in the case of the petitioners that the letter concerning
acceptance of Heiza's tender was received by Heiza in Kolkata. As will appear
from the letter dated January 17, 1991, Heiza's offer was accepted by the
Director of Supplies & Disposals in Mumbai. The arguments concerning the
ouster clause incorporated in the contract concerned and the decisions in Tara
Chand Boid v. Shikam Chand Bhora, AIR 1995 Ori 199, and Ashok Kumar Saboo
(HUF) & Anr. v. Hindusthan Paper Corporation Ltd. & Ors., 2007 (3) CHN 533
relied on by counsel for the petitioners are totally irrelevant to the question
under examination.