SARDAR SAROVAR NARMADA NIGAM LTD Vs. JAIMIN BROTHERS

JUDGEMENT

(1.) ALL these appeals raise common questions of facts and law. They are therefore, heard and decided together.

(2.) THE respondent was awarded a public contract for the work of residential building in NPMC Unit-II Phase-II 83 to 144 KM at Kalol of four categories. THErefore, four contracts were executed. Because of the claims in respect of each of the contract, the respondent had filed four suits. It is the case of the respondent in each of the suit that the work was to be completed within a period of 11 months. THE contract was to be completed within the prescribed time limit but could not be completed on account of various reasons, attributable to the appellants. THEre were frequent changes in the office location of the appellants, in the design of the project and in the instructions for carrying out the work, because of which, the Chief Engineer had visited the site and suggested changes which required extra items and excess quantity of materials to be used and materials suggested by the Engineer approved and brought in after a period of 6 to 7 months and therefore, the work was delayed. Since the work could not be commenced because of the required decision, instructions and necessary supervision for the work, the work could be hardly commenced upto October 1990 and the respondent was already put to heavy loss and in October 1990, due to Gulf war, there was already shortage of diesel and there was stiff price rise in petrol and because of such hindrance, the work could not be completed, and therefore, extension of time was required to be sought which was granted and ultimately, the work was completed. THE appellants, however, did not release payment, which resulted into heavy loss to the respondent. THE suits were therefore, required to be filed for various claims put forth in the suits.

(3.) WE have heard the learned advocates for the parties.