STATE OF GUJARAT Vs. BHAGWATI CONSTRUCTION COMPANY

JUDGEMENT

(1.) . The appellant-defendant had accepted the tender of the respondent-plaintiff and entrusted the work of the construction of the building of Medical College and Hospital at Surat to the respondent-defendant. The estimated cost of the tender was Rs. 7,94,642/- and the agreement was entered into in "B2" Form on 30th January 1964. The work order was issued to the respondent-plaintiff on 30th January 1964 and the work was required to be completed within one year, i.e. on or before 30th January 1965. The time was extended. Ultimately, the work was completed and certain payments were made. The respondent-plaintiff was aggrieved by non-payment of certain claims and therefore he filed Special Civil Suit No. 210 of 1974 in the Court of the Civil Judge (S.D.) at Surat. In respect of most of the items, the learned Trial Judge has passed a decree in favour of the respondent-plaintiff and therefore the State has filed the present appeal. In respect of some of the items which were disallowed by the learned Trial Judge, the plaintiff has filed cross objections.

(2.) . The claims allowed by the Trial Court are as follows: 1. Rs. 12,385/- in respect of using cement tiles on the terrace instead of rough Kota Stone. 2. 3. Rs. 159/- deduction for defective wooden shuttors. 4. Rs. 1,800/- Brass fittings instead of mortised locks. 5. Rs. 3,300/- For extra R.C.C. works 6. Rs. 17,232/- Loss of profit for the works included in the contract and not allowed to be done. 7. - 8. 9. Rs. 650/- Cartage. 10. Rs. 9,225/- G Penalty. 11. Rs. 6,480/- Interest at 9% on Rs. 72000/- paid late. 12. Rs. 1,OOO/- Expenses for extension of Bank Guarantee. 13. Rs. 10,000/- Loss due to rise in prices of materials and labour during 1 years. Rs. 62,210/-

(3.) . Although total of the aforesaid items allowed by the learned Trial Judge comes to Rs. 62,210/-, the operative part of the order states that the defendant shall pay to the plaintiff Rs. 66,210/-. This is an obvious error of additional Rs. 4,000/-.