MEWAR ASSOCIATES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The challenge laid by M/s. Mewar Associates through its Proprietor is to the judgment dated 18 th September 2019 passed in Case No.144/2018 (Original Suit).

(2.) On the basis of the pleadings of the parties, the following issues were framed by the Commercial Court: (1) whether the claimant is entitled for damages to the tune of Rs.16,02,249.00 with interest due to delay and failure on the part of the opposite party, (2) whether the decision of the Empowered Standing Committee dated 7 th December 2012 is liable to be interfered with on the ground that the claimant was not provided an opportunity of hearing, (3) whether the suit is barred by limitation, (4) whether the Court has jurisdiction and power to entertain the suit and (5) whether relief can be granted to the claimant. On the issue of loss caused to the M/s. Mewar Associates (hereinafter referred to as the appellant-firm) to the tune of Rs.16,02,249.00, the Commercial Court held that no supporting evidence was produced by it except some letters relating to acquisition of land. As regards the decision of the Empowered Standing Committee dated 07 th December 2012, the Commercial Court came to a conclusion that the appellant-firm was given an opportunity of hearing and that is the reason it had the knowledge about the said decision. The issues of limitation and jurisdiction were decided by the Commercial Court in favor of the appellant-firm.

(3.) Mr. Manoj Bhandari, the learned Senior Counsel appearing for the appellant-firm has raised manifold contentions to criticize the judgment dated 18 th September 2019. One of the submissions made on behalf of the appellant-firm is that the Administrative Engineer (in short, "Employer") did not provide full stretch of the land on which irrigation canal was to be constructed. Another substantial ground urged on behalf of the appellant-firm is that there is no discussion about the documentary evidence laid on behalf of the appellant-firm as to acquisition of a part of the subject land and that has, therefore, resulted in an erroneous decision by the Commercial Court at Udaipur. Mr. Manoj Bhandari, the learned Senior Counsel for the appellant-firm has also referred to various documents concerning land acquisition, investigation report dated 14 th December 2007 and communication from the Executive Engineer dated 19 th March 2007 to challenge the decision of the Commercial Court rendered in Case No.144/2018 (Original Suit).