UNION OF INDIA Vs. SATYANARAYANA CONSTRUCTION CO

JUDGEMENT

(1.) This CMA is filed questioning the order and decree dated 4-7-2002 passed in OP No. 77 of 2001 by the learned I Addl. Chief Judge, CCC, Secunderabad wherein the OP filed by the appellants herein against the award of the second respondent dated 31-12-2000 has been dismissed confirming the said award.

(2.) The case of the appellants, as projected in the OP, is as follows: The appellants called for open tenders for the earth work from Ch.24150 M to Ch.27700 M between Dharur Rukmapur stations in connection with doubling of tracks between Vikarabad and Tandur Sections and the first respondent submitted his tender for the said offer and the tender was finalized in strict conformity of the guidelines issued. It is stated that the said work has to be completed by 5-5-1997. Accordingly, an agreement was entered into and the parties accepted the same.

(3.) The nature of the work includes the I ft er works as the variation quantities in the name stretch by the predecessor Contractor M.Y.J. Venkata Rao in the two contracts and that variation in the quantities was occurred due to the revision of alignment effected for easing as well as elimination of a few curves. As the predecessor of the first respondent had already executed some work by then and his agreement quantities were on the higher side, the agreements were ordered for closure in order to execute the left over quantities at competitive rates through open tenders. It is also stated that the importance for completion of the said work within the stipulated time has been mentioned in para 2.2.1 of the particulars of the work and the first respondent agreed to complete the said work within the stipulated time.