INSTITUTE OF HOTEL MANAGEMENT, CATERING TECHNOLOGY & APPLIED NUTRITION Vs. SHRI SUBHASH VASUDEV XET TILVE, MAJOR, MARRIED, RESIDENT OF TAKWADA, USGAO

JUDGEMENT

(1.) The challenge in this Appeal, is to the part of the judgment and decree dated 26.08.2005, passed by the learned Ad-hoc Additional District Judge at Panaji, in Civil Suit No. 130/2004 (old Special Civil Suit No. 67/2001/B), by which the counter claim raised by the appellant has been dismissed.

(2.) For the sake of convenience, the parties are referred to in their original capacity before the Trial Court.

(3.) The Appellant-Institute of Hotel Management, Catering Technology and Applied Nutrition is a Society (defendant no. 3), registered under the Societies Registration Act (Institute, for short). The said Institute was desirous of constructing a Boys Hostel for Catering College at Porvorim, Bardez, Goa. The construction of the said Hostel was entrusted to the Public Works Department (PWD) of the State of Goa (defendant no. 2). Somewhere in the month of April 1995, the PWD invited tenders, for the construction of the said Hostel at an estimated cost of Rs. 44,95,840/-. Subhash Tilve (plaintiff) was the successful bidder, who was issued with the Work Order on 17.07.1995. The tender was accepted for an amount of Rs. 50,39,805/-. The date of commencement of work was 31.07.1995 and it was to be completed within a period of 365 days i.e. upto 29.07.1996. However, the work was completed on 25.08.1998 i.e. almost after two years thereafter.