(1.) Both the appeals are being disposed of by this analogous judgment, as they arise out of the common judgment dtd. 16/2/2022 passed by the learned District Commercial Court, West Tripura, Agartala, in Commercial Suit No.6 of 2016 and Commercial Suit No.10 of 2016.
(2.) The State of Tripura, through Public Works Department (PWD) took up the work for covering some drains within Agartala Municipal Corporation area and entrusted the said work to Hindustan Steelworks Construction Limited for short, ['the HSCL']. The HSCL in turn, through Notice Inviting Tender for short, ['the NIT'], entrusted the work to Mr. Dilip Kumar Kar (hereinafter referred to as 'the contractor') vide NIT No. HSCL/Tripura/UDD/Central(Part-II)/2012-13/06 dated 03.11. 2012 (hereinafter referred to as 'Part II work') of an estimated cost of Rs.9,41,01,731.00 and another NIT vide No. HSCL/Tripura/UDD/ Central(Part- III)/2012-13/07 dtd. 20/11/2012 (hereinafter referred to as 'Part-III work') of an estimated cost of Rs.8,70,36,452.00.
(3.) The Standard Bid Document for short, ['SBD'] containing terms and conditions of such works was published along with the NIT. Time of completion of both the works was 18 months. In both the matters, as per terms of SBD, the contractor shall begin the work after signing the formal agreement.