SUBHASH KUMAR AGRAWAL Vs. STATE OF C.G.

JUDGEMENT

(1.) By this reference petition under Sec. 7 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (in short the Adhiniyam, 1983) petitioner has claimed the cost of difference of FE-415 grade steel and FE-500 grade steel along with interest and cost in connection with an agreement of incomplete bridge work.

(2.) Completion of work, extension of time grade of steel shown in tender documents as FE-415 and grade of steel shown in drawings and designs which was part and parcel of the agreement as FE-500, payment of cost of steel at the rate quoted by the petitioner while filing the tender documents is undisputed.

(3.) Facts as per pleadings of the parties, initially contract for Construction of Bridge upon Ghumariya Nala at Dongargaon- Churiya Road was given to an another contractor who, left the work incomplete. Subsequent tender for completion of uncompleted work was issued by the respondents Petitioner submitted its tender proposal and quoted cost 36.90 above the S.O.R. in which cost of steel grade FE-415 was quoted. Finally agreement was executed between parties on 22/05/2012 vide article A Drawings and designs was part and parcel of the agreement. As per drawing grade of steel was FE-500. After completion of the work petitioner has (claimed the difference of cost of steel FE-415 and steel FE-500) and there by claim Rs. 18,18,938.00 along with cost of litigation and interest of Rs. 5,72,966.00, Rs. 1,00,000 there by total Rs. 24,91,904.00 has been claimed.