LAWS(BOM)-2003-6-196

MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY, GRIHA NIRMAN BHAVAN Vs. RAJENDRA CONSTRUCTION COMPANY

Decided On June 04, 2003
Maharashtra Housing And Area Development Authority, Griha Nirman Bhavan Appellant
V/S
Rajendra Construction Company Respondents

JUDGEMENT

(1.) Both these appeals arise from the decrees passed in Special Civil Suit No.265 and 266 of 1991, respectively, by the learned Civil Judge, Senior Division at Aurangabad and the said decrees were drawn in terms of the Award made by the Arbitrator. In the first decree, appellant no.1 Maharashtra Housing and Area Development Authority, which is a State Government Undertaking, was directed to pay an amount of Rs.21,08,100/- alongwith interest at the rate of 18% per annum, whereas, in the second decree it was directed to pay an amount of Rs.19,01,100/- alongwith interest at the rate of 18% per annum for the post pendente lite period.

(2.) The relevant facts leading to these appeals and which are not in dispute could be set-out as under:

(3.) The appellants filed their written statement and contested the recovery suits on various grounds and mainly contended that the delay caused in execution of the Work Orders was not attributed to them and the delay caused was solely attributed to the plaintiff-firm. The maintainability of civil suits on the grounds of limitation as well as jurisdiction was also challenged.