ANAND P DHAVASKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE plaintiff prefers this appeal against the Judgment and Order dated 27-1-2005 by which the trial Court decreed his suit only partly. THE respondents to the appeal are the original defendants.

(2.) THE appellant, a registered contractor, was awarded the work of "Closure of breaches and repairs of the Bund Zueamovoilo Bund" (Will) at Navelim of Tiswadi Taluka, Goa vide work order dated 21-10-1998 for the amount of Rs.20,67890.10p. THE work was to be completed within 150 days from 6-11-1998 excluding the monsoon. As the appellant was unable to complete the work despite grant of extension respondent no.2 by his letter dated 23-4-2001 terminated the contract and forfeited the security deposit. By the subsequent letter dated 19-7-2001 he demanded return of Rs.5,35,942/- alleging that it was over-payment made to the appellant. Additionally by the order dated 26-4-2001, respondent no.6, the Superintending Engineer, Water Resources Department levied compensation upon the appellant for the delay in execution of the work undertaken.

(3.) THE appellant examined his constituted attorney and one Mary Pereira in support of his case. THE respondents examined two of their engineers. On appreciation of the evidence, the trial Court held that the termination of the contract and forfeiture of security deposit by the respondents was illegal and also their claim of overpayment was not correct. THE trial Court however rejected all other claims of the appellant and directed the respondents to pay the amount of deposit forfeited minus the compensation of Rs.3,420/- levied at the time of grant of extension to the appellant.