GUJARAT HOUSING BOARD Vs. ASSOCIATED ENGINEERS

JUDGEMENT

(1.) This appeal under Sec.96 of the Code of Civil Procedure has been preferred by the original defendant-Gujarat Housing Board against the judgment and award dated 25-2-1985 passed by the learned Judge, City Civil Court No.7, Ahmedabad, in Civil Suit No.1770 of 1983 whereby the suit was decreed in favour of the plaintiff.

(2.) The short facts are that an agreement was entered into between the plaintiff and the defendant for construction of 180 tenements in the Save Rupee Scheme at Rakhial in Ahmedabad, in pursuance of acceptance of tender submitted by the plaintiff. According to the said agreement, the work order was to be completed on or before 14-5-1977. According to the plaintiff, since the defendant did not fulfill its contractual obligations, there was delay in completion of the contractual work and hence, the plaintiff is entitled to compensation from the defendant. However, the defendant sought to recover Rs.4,061=80 as penalty from the plaintiff. This was challenged by the plaintiff by the present suit. The defendant resisted the suit by filing the written statement contending inter alia that the suit was bared under Sec.71 of the Gujarat Housing Board Act (the Act for short) for want of statutory notice. The learned Judge after hearing the learned counsel appearing for the respective parties and on appreciation of evidence decreed the suit against the defendant. Hence, the present appeal by the original defendant.

(3.) Heard learned learned counsel, Ms.Renu Singh for Mr.Y.N.Ravani for the appellant and learned counsel, Mr.K.G.Sukhwani for Ms.Maya N.Bhavnani for the respondent.