KHEDA DISTRICT PANCHYAT Vs. ARVINDBHAI C. PATEL

JUDGEMENT

(1.) These appeals are filed against the common judgement and decree passed by the 3rdJoint Civil Judge (SD), Nadiad, District : Kheda, dtd. 2/1/1998. It is a common judgement and decree in Special Civil Suit No. 185 of 1993 filed by the Contractor Shri Arvindbhai C. Patel for recovery of Rs.8,20,792.00 and in Special Civil Suit No. 205 of 1993 filed by the Kheda District Panchayat for recovery of Rs.21,44,722.32. By the aforesaid judgement and decree, the learned Trial Judge allowed the suit of the Contractor, namely, Special Civil Suit No. 185 of 1993 directing that an amount of Rs.8,20,792.00 be recovered with 12% penal interest from the Kheda District Panchayat. Special Civil Suit No. 205 of 1993 filed by the Kheda District Panchayat was dismissed. Hence, the respective appeals.

(2.) Facts in brief indicate that the work order was issued on 27/3/1987 by the Kheda District Panchayat to Shri Arvind C. Patel for constructing Sarkhej - Kakarkhad Ravadavad road II stage. Since the Contractor was the last bidder whose tender amount was Rs.14,74,396.10, the contract was awarded to the Contractor. The date of completion was stipulated to be 26/6/1988.

(3.) Mr.H.S.Munshaw, learned counsel appearing for the Kheda District Panchayat, being aggrieved by the decree in favour of the Contractor, would submit as under: