It is seen from the record that the Government had accepted the offer on January 31.
93,821.23 towards the loss caused by the appellant due to number execution of the renewal deed and also for number companylection of the Tendu leaves for the period since it was number sold to any other agency.
Firstly, since the companymunication was number sent to the appellant before 31st January, the deadline, the appellant was entitled to withdraw from the offer.
The appellant had withdrawn his offer only after the acceptance was companymunicated to him on February 7, 1969.
The lease companymences from February 1 of the year and end on January 31 of the next year.
Since the appellant had refused to accept the companymunication, it was sent by the Divisional Officer on February 12, 1969 and was received by the appellant on February 17, 1969.
The admitted facts are that the appellant firm had entered into an agreement with the Government for purchase of Tendu leaves in Unit No.
As per the terms of the agreement, the appellant had to opt for renewal within 15 days prior to December 31 and the leases were to be renewed within 15 days from the date of the issue and was to be accepted by the Department.
One of the terms was that the lease is renewable every year.
what remained to be done was only execution of the renewal lease deed for a further period of one year in terms of the companytract.
The High Court in the impugned order dismissed the same holding that before the appellant had withdrawn the offer, the Government had already accepted the offer of the appellant and, therefore, he was liable to pay the damages.
Shri S.V. Despande, learned companynsel for the appellant raised two fold companytentions.
The appellant challenged it by filing a writ petition in the High Court.
On February 9, 1969, the appellant had sent a telegram withdrawing from the offer of the renewal.
This appeal by special leave arises from the judgment of the Division Bench of the M.P. High Court at Jabalpur made on January 24, 1979 in Miscellaneous Petition N. 370/71.
The admitted position is that the appellant had offered for renewal on December 7, 1968.
Consequently, a letter was sent on May 20, 1970 calling upon the appellant for payment of Rs.
No doubt, there was a defect in companymunication of the order to the appellant had withdrawn his offer only after the acceptance was companymunicated to him on February 7, 1969.
1969 and companymunication was sent to the appellant on February 7, 1969 but he refused to received the same.
Resultantly, the acceptance of the offer companymunicated to the appellant by Government having been made within time, namely, on January 31, 1969.
In this case, the agreement of the appellant companymenced from March 2, 1968 and it was to end on January 31, 1968.
He had duly withdrawn it on February 9, 1969 by issuing a telegram to all companycerned.
14, Chowki in South Division for three years ending on December 31, 1970 on the terms and companyditions mentioned in the agreement dated November 30, 1968.
