TATA PROJECTS LIMITED Vs. GNANAPRAKASAM

JUDGEMENT

(1.) As both the Original Side Appeals have been arisen against the common order dated 30.03.2012 passed by the learned single Judge in O.P.Nos.274 of 2011 and 949 of 2010, they have been taken up together and common order is passed.

(2.) For the sake of brevity, the appellant in OSA No.315 of 2012 is referred to as the "appellant" and the first respondent in the said appeal is referred to as the "first respondent".

(3.) The first respondent is a Sub-Contractor of the appellant herein. The appellant obtained a contract from the Railways for gauge conversion. In pursuant to the said contract, a sub contract was entered into between the parties on 28.02.2007 for the construction of casti-in-situ Minor Bridges. The contract price was Rs.15,12,450/-. The first respondent was said to have carried out dismantling and earth work and thereafter, the parties negotiated with each other and settled the price for Item No.1 from Rs.180/m3 to Rs.95/-. On 16.05.2007, the appellant issued an amendment to the work order dated 28.02.2007, according to which, the size for bridges have been increased. The contract price was also increased to Rs.32,69,750/- proportionately without any increase in the item rates. The first respondent pointed out certain defects for the slow progress. Thereafter, the appellant extended the completion period by 10 months by way of a second amendment dated 19.11.2007. Another amendment was also made by the appellant on 06.03.2008 and the said third amendment sent to the first respondent only in the month of July 2008.