STATE OF BIHAR Vs. RAM BINOD CHAUDHARY

JUDGEMENT

(1.) THE petitioner-respondent herein entered into a contract for construction and repair of road. As per the contract, work was to be completed by 25-6-2007. Since the work was not completed till 4-3-2008, the contract was cancelled and the security and earnest money was forfeited. The total amount of contract was of Rs. 2. 59 crore. The petitioner has completed major portion of the work, for which there was no dispute and that amount was paid. The petitioner could not complete the work of rs. 40 lakh only.

(2.) IT is the case of the petitioner that the work was delayed because of non-availability of bitumen. Bitumen was to be supplied by the Government but that was not supplied in time and, in the meantime, after terminating the contract re-tender was made for an amount of Rs. 80 lakh. The petitioner supplied the reasons for delay and made request for extension of one month time to complete the remaining work in the balance tender amount but the request was refused. It is also the case of the petitioner that under similar situation contract of others have been extended.

(3.) IT is contended on behalf of the State that despite several opportunities given to the petitioner, remaining work of Rs. 40 lakh was not completed. It is also submitted that the work done by the petitioner was not up to the mark. It is further submitted that in a contractual matter the jurisdiction of the court is very limited.