LAWS(BOM)-2019-2-77

C M ABDUL KHADAR Vs. STATE OF GOA

Decided On February 15, 2019
C M Abdul Khadar Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard. The learned Counsel for the parties.

(2.) In both these appeals, the challenge is to the Judgment, Order and Decree dated 29 Dec. 2007, made by the Ad-hoc District Judge, (FTC-I), Panaji (Trial Court) in Civil Suit No.48/2006. The operative portion of the Judgment and Order reads as follows :

(3.) Civil Suit No.48/2006 was instituted by C.M. Abdul Khadar, PWD Contractor (Plaintiff) against the State of Goa and another (Defendants) seeking, inter alia, a Decree in an amount of Rs. 5,00,59,876/- (rupees five crores fifty nine thousand eight hundred seventy six only), together with interest @ 18% per annum on the said amount. It was the case of the Plaintiff that he was awarded the work of "widening and improvement of geometrics of NH 4-A between Km.133/600 to 137/00 in Goa" and in the execution of such works, the Defendants created hindrances and committed breaches of contract, thereby entitling the Plaintiff to the aforesaid amount. The Defendants denied the Plaintiff's contentions and had urged that the suit be dismissed in its entirety.