LAWS(ALL)-1984-9-82

HINDUSTAN CONSTRUCTION LTD Vs. STATE

Decided On September 12, 1984
HINDUSTAN CONSTRUCTION LTD., BOMBAY Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE two First Appeals from Orders raise identical questions of law and can, therefore, be conveniently decided by a common order.

(2.) FIRST Appeal from Order No. 445 of 1977 arises out of a decision dated 5-7-1977 in Civil Miscellaneous Case No. 184 of 1976 between State of Uttar Pradesh v. The Hindustan Construction Company Limited of Bombay (hereinafter referred to as the 'Company').

(3.) IT appears that fabrication work in steel was required to be made for execution of the project. Subsequently, it transpired that the steel to be used had to be imported. Since the Company had a factory at Poona, a supplemental agreement was entered into on 15-3-1969. This agreement purported to modify Para 12.05(c) of the principal agreement. IT will be relevant to quote the same.