TULASIDAS Vs. VICE CHANCELLOR UNIVERSITY OF AGRICULTURAL SCIENCES

JUDGEMENT

(1.) The appeal and the cross objections are filed by the defendants and the plaintiff respectively challenging the judgment and decree passed in O.S.No.127/2003 dtd. 12/9/2007 on the file of III Additional Civil Judge (Sr. Dn.) and CJM, Dharwad questioning decreeing the suit partly for recovery of money.

(2.) The parties are referred in the original ranking as the plaintiff and the defendants in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that he is a Class-I Civil Contractor. The defendants have issued the notification No.EO/DWD/47/94-95 dtd. 6/3/1995 for construction of student hostel at Sirsi. In pursuance of the said tender, the plaintiff offered his tender and defendant No.2 accepted the tender of Rs.56,84,663.00 working out at 27% above CSR of 1993- 94 as per his letter dtd. 24/6/1995. The same is accepted and the plaintiff and the defendants' university entered into an agreement on 04. 11.1995 and in terms of an agreement, the stipulated period for completion of construction was 18 months. It is also the case of the plaintiff that due to delay in taking decision for change of design of super structure from laterite stone to brick masonry and delay in making payment of running account bill by the defendants, the work cannot be completed within the stipulated time. Hence, the defendants' university extended the time up to 31/8/1998 as per the letter dtd. 30/3/1999 without any penalty because there was a default by the defendants' university. On account of delay by the defendants incurred extra expenses on account of increase in charge of labour and rise of materials, the plaintiff claimed that he is entitled for equitable revised rates in respect of works executed beyond stipulated date amounting to Rs.2,49,766.06.