STATE OF RAJASTHAN Vs. MR. DWARKADAS DOSHI

JUDGEMENT

(1.) This civil First Appeal under section 96 CPC has been filed against judgment and decree dated 26.04.2000 passed by learned Additional District Judge No.3, Jodhpur in Civil Original Suit No.368/1989.

(2.) Briefly stated, a tender received on 15.02.1977 for the work "raising of approaches to Luni bridge at Gandhav on Barmer-Sanchore road NH-15, along with necessary protective works in Km 591/0 to 601/0 (Km 0/0 at Bikaner), Job No.RJ-15/168" was sanctioned in favour of M/s Dwarka Dass Doshi, PWD 'A' Class Contractor (a registered partnership firm), Chohatan by the Additional Secretary to the Govt., PWD (B and R), Rajasthan vide his order letter dated 11.03.1977, on behalf of Governor of Rajasthan, at the rate 2.95% below G-schedule, amounting to Rs. 60,03,921.58 only. The work order for the same was issued by the Executive Engineer, PWD (B and R), Sanchore vide his letter dated 29.03.1977, allocating Agreement No.01/1976-77 stipulating date of start and completion of the work as on 03.03.1977 to 29.03.1978 (12 months).

(3.) The original agreement with special conditions (Ex.2) was signed by Mr Dwarka Das Doshi for the respondent-Contractor M/s Dwarkadas Doshi and the then Executive Engineer, PWD (B and R), Sanchore Division on behalf of the Governor of Rajasthan. The actual work completed on 20.04.1979 i.e. 12 months and 22 days after the stipulated date of completion. The total work done up to 20.04.1979 was for Rs. 82,23,593.47 and the final bill was paid on 19.10.1979, after granting final time-limit extension with 0.25% compensation levied as Rs. 15466/- (0.25% of estimated cost of Rs. 61,86,421/-). The extension was granted by the Chief Engineer, PWD (B and R), Jaipur (competent authority) vide his letter dated 28.09.1979, holding the Contractor liable to pay compensation as per clauses 2 and 3 of the Contract conditions for delay in execution of important construction work pertaining to National Highway No.15 (strategic importance).