OM PRAKASH BALDEV KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two cross-appeals (F.A.O. (O.S.) No. 14 of 1980 and F.A.O. (O.S) No. 32 of 1980) arise out of the judgment of a learned Single Judge dated November 20, 1979.

(2.) MESSRS 0m Parkash Baldev Krishan (hereinafter to be refrred as 'the Contractor') submitted a tender for "Provision of Married Accommodation for CPL's/AC's Flt. Sgt./MWO's/WO's/Near Delhi". The tender was accepted and the work was awarded to the contractor by the Union of India vide agreement No. CEDZ-8 of 1972-73, dated August 21, 1973. Clauses 9, 26, 62(0) and 70 of the General Conditions of contract and clause 3.1 of the Special Conditions of Contract, which are relevant for the decision of these appeals, read as under :

(3.) IN U.G.S. Finance Ltd, (1964) I Lloyd's Rep. 446, pearson L.J. said: