STATE OF GUJARAT Vs. BHAILABHAI A PATEL

JUDGEMENT

(1.) This First Appeal arises out of a judgment and decree passed by City Civil Court, Ahmedabad in Civil Suit No. 1948 of 1979 on 26th August, 1983. The suit was filed by present respondent before the City Civil Court claiming an amount of 4,99,980/- with interest @ 12% per annum along with cost of the suit. The trial Court decreed an amount of 2,73,480/- with proportionate cost and interest thereon at the rate of 6% per annum. The Original defendant, therefore, has preferred this appeal. The original plaintiff - respondent herein has preferred cross objections claiming 2,26,500/-, which was disallowed by the trial Court.

(2.) The suit was based on a tender contract in respect of Fatewadi Feeder Canal. According to plaintiff, the work, that was required to be done under the contract, was executed and certain additional work was also required to be done, which was also done and the suit amount included the cost thereof. On the other hand, the case of the defendant was that the plaintiff was not entitled to file the suit. Certain disputes were raised regarding construction of super passage at chainage 5190 and syphon at chainage 5700 of Fatewadi Feeder Canal as the said work was entrusted to the plaintiff, whereas the suit is filed by a Firm. It is the case of the defendant that the contractor could not complete the said work and therefore, on his own application, he was granted further time upto 23.11.1977, but, he still could not complete the work within the extended period and the contractor, therefore, rendered himself liable to pay compensation under Clause 2 of the Agreement.

(3.) Considering the rival side pleadings and evidence led by the parties, the trial Court partly allowed the suit and decreed the suit for an amount of Rs.2,73,480/- while dismissing the claim. For the rest of the amount, which has given rise to the present appeal by the defendant, the plaintiff filed cross objections being Cross Objection No.122 of 2002 in the appeal and the cross objections were heard by Division Bench of this Court comprising of K.R. Vyas and D.H. Waghela, JJ.