KRISHAN KUMAR MADHOK Vs. UNION OF INDIA

JUDGEMENT

(1.) .

(2.) THE petitioner M/s. Krishan Kumar Madhok 'hereinafter called "the contractor") entered into a contract with the Union of India for the construction of technical accommodation, officers mess, servant quarters, garages and static tanks at Delhi Cantonment. THE contract was a 'lumpsum' contract. THE amount agreed was Rs. 22,97,243.70. THE contract was a time bound contract and phase II was to be completed by 12th January 1974 and phase I by 12th June 1974. THE work was to commence by 13th March 1973, but it could not be commenced a? the possession of the site was given on May 16, 1973. THE Garrison Engineer suspended the work on 14th September 1973 and the work of phase IT was resumed on 6th November 1973 and that of phase I on March 1, 1974.

(3.) . The respondent countered the allegations of the contractor and contended that under clause 9 of the General Conditions of contract, the Garrison Engineer was fully competent to suspend the execution of the works or any part or parts thereof and that the suspension of the work on 14th September 1973 was strictly in terms of condition No. 9 and that the contractor cannot lay any claim for damages on account of the suspension of work as he was fully aware that under the contract the respondent could have suspended the execution of the work. It was further contended that on account of the delay in the supply of the stores the period for completion of the work was extended from time to time in terms of clause II of the conditions of the agreement and under the said condition the contractor is not entitled to any damages for the non-supply of the stores. Clause 9 and the relevant part of clause II of the General Conditions of Contract read as follows: