STATE OF GUJARAT Vs. GURUKRUPA CONSTRUCTION CO

JUDGEMENT

(1.) This appeal arises out of a judgment of the learned Civil Judge (S.D.), Ahmedabad (Rural) at Mirzapur in Special Civil Suit No. 335 of 1995 given on 2-12-1994. The suit was for recovering damages to the tune of Rs. 3,44,38,476.00. The suit is based on law of torts, action in negligence. The learned trial Judge, by the said judgment, allowed the suit partly and granted decree in favour of plaintiff-respondent to the tune of Rs. 76,02,000.00 with interest at the rate of 12% p.a. from the date of the suit till realization and of course with costs.

(2.) The cross-objections are filed by the original plaintiff-respondent for the sum of Rs. 64 Lakhs. The net result, therefore, is that though the suit was for above referred amount, after getting the said decree of Rs. 76,02,000.00, the plaintiff has restricted his claim in cross-objections to Rs. 64 lakhs. In other words, now he is restricting his claim to Rs. 1,40,02,000.00

(3.) The plaintiff-respondent was working as Classs-A Contractor with the Public Works Department (Irrigation) of the State of Gujarat who is Executive Engineer having his office at Rajkot for Rajkot Division. It was for that division that the plaintiff was registered as Class-A Contractor since 1980. Prior thereto, he was registered in Class-B since 1979. He also applied for his upgrading to Class-AA Contractor in the year 1982. That application is pending. From time to time, his registration was renewed and it was operating till 31- 12-1989. For renewal, P.W.D. in its Manual, has laid down certain guidelines and has also issued administrative executive instructions. Manual may or may not have statutory force with which we are not concerned for the disposal of the present matter.