EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAYS DIVISION, MANGALORE Vs. DURGA CONSTRUCTIONS (P) LTD., TAMIL NADU AND OTHERS

JUDGEMENT

(1.) These two appeals arise out of separate judgments rendered in AS. Nos.1 and 2 of 2011 on the file of VI Additional City Civil and Sessions Court, Bangalore.

(2.) Brief facts leading to these appeals are as under;

(3.) Though there were two agreements entered into between the appellant and first respondent, in sum and substance the terms of contract with reference to price, nature of work, payment condition and all other aspects pertaining to the contract between the parties are one and the same, except with reference to stretch of the road. It is stated that the value of contract with reference to Agreement No.53/2007 is Rs.9,04,30,994.00 and with reference to Agreement No.54/2007, it is Rs.8,56,74,083.00. Both the agreements were entered on 3.1.2008 and the period fixed for completion of said work was 12 months (excluding monsoon).