SOLANKI CONSTRUCTION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant is filed by the appellant - original plaintiff under Sec. 96 of the Civil Procedure Code, 1908 challenging the judgment and order dtd. 30/9/2004 passed by the learned Civil Judge (S.D.), Dhrangadhra in Special Civil Suit No. 29 of 1996 whereby the learned Judge has rejected the suit filed by original plaintiff.

(2.) It is the case of the appellant that respondent No.2 invited the tenders from public at large for the work of construction of Upaniyala - Moti Majethi Road by Hotmix Plant and pever finisher, Taluka : Dasada. It is also the case of the appellant that the estimated cost of the work was Rs.20,65,494.68 paise and the tender of the appellant was accepted for an amount of Rs.24,99,248.5 paise and the parties have entered into an agreement at Exhibit 49. That the work order was issued on 8/7/1992 with a stipulated period of 12 months and the same was completed on 7/7/1993, however, the work could not be completed on 7/7/1993. The appellant deposited Rs.51,700.00 by way of FDR towards the security deposit at the time of entering into the contract.

(3.) The appellant had filed Special Civil Suit No.29 of 1996 in the Civil Court, Dhrangadhra for recovery of security deposit, loss of profit and amount of Rs.7,27, 657.00 withheld. Learned Judge has, after framing the issue at Exhibit 12 and hearing the respective parties and considering the documentary as well as oral evidence, dismissed the suit.