P B IBRAHIM Vs. STATE OF GOA

JUDGEMENT

(1.) In both these appeals the challenge is to the impugned judgment and decree dated 28th Feb., 2011 in Civil Suit No.72/2005 made by the learned District Judge-3, North Goa, at Panaji ( Trial Court ), which Civil Suit was instituted by P.B. Ibrahim ( plaintiff ) against the State of Goa and others ( defendants ) seeking inter alia the several reliefs including for recovery of several amounts from the defendants. The dispute between the parties arises out of contract for "Improvement of riding quality ( under IRQP 2001-02) from kilometer 84/00 to 131/00 ( except km 90/00 to km 100/00 and km 105/00 to 116/00) of NH-4A in Goa" awarded by the defendants to the plaintiffs in pursuance of plaintiff being adjudged as first lowest tenderer.

(2.) First Appeal No.60 of 2011 has been instituted by the plaintiff, being aggrieved by the rejection of most of the reliefs prayed for by him. By the impugned judgment and decree, the learned Trial Judge was pleased to only partly decree the suit and award the plaintiff an amount of Rs.1,97,070.00 with 10% interest from 2.7.2002 till the date of its actual payment by the defendants to the plaintiff.

(3.) First Appeal No.33 of 2017 is instituted by the defendants, aggrieved by the award of aforesaid amount of Rs.1,97,070.00 with 10% interest to the plaintiff. These are therefore the cross appeals against the same judgment and decree and consequently, it is only appropriate that both these appeals are disposed of by a common judgment and order. The learned counsel for the parties also agree that it would be appropriate if both these appeals are taken up together and disposed of by a common judgment and order.