UNION OF INDIA Vs. BHAGWAT PRASAD MEHTA

JUDGEMENT

(1.) Dispute relates to contract work allotted by appellants to the respondent for open improvement to sub -standard quarters under A.E.N. (JPL 25 units), for which an agreement dated 11.5.1988 was executed in between the parties. The work order was issued on 28.6.1988, work was to be finalised by 6.10.1988. During the said period additional work related to sanitary fittings, painting of wood and iron, demolition of existing old construction and supplying sand for the foundation were also got done by the contractor, and for which, on persuasion, work order could be issued on 6.11.1988. Time for completion of work was extended to 6.1.1989. The works done by respondent were entered in the measurement book.

(2.) IT is said that on 21.1.1989, I.O.W. Eastern Railways at Japla removed respondent's materials from R.P.F. Barrack, Block No. 2 and on his complain, it was wrongly alleged that respondent had stopped work. The Assistant Engineer, Eastern Railways, Japla, through letter dated 28.2.1989 directed respondent to restart the work immediately within a week.

(3.) UNDER clauses 17(2) and (3) of G.C.C. the contractor requested for extension of time to complete the works till 31.3.1990, on which he was directed to remove the tools from the site within 48 hours and came to the office within ten days for final measurement.