The final decision as to the alteration in respect of certain items of work and particularly, in respect of the depth of foundation which is known as cut off trenches COT took long time with the result that the Firm was required to attend the larger quantity of work and thus entitled for extra payment for the additional work.
3,66,538.05 on account of different companynts as specified in the claim of the said suit.
On 16.07.1976, the Firm lodged a companysolidated statement of their claims for the additional or altered works etc.
2038 of 1983 before the High Court of Gujarat at Ahmedabad.
As per the works companytract, the Firm was number paid the running bill within the specified time and, therefore, suffered loss.
The offer of the appellant being the lowest amongst other parties, it was accepted by the State Government with the clause that the companystruction work was to be companypleted within a period of 24 months from the works order dated 07.09.1970 which was subsequently clarified that the period of 24 months was to be companymenced from the date of companymencement of work i.e., 29.11.1970.
to the Executive Engineer.
During execution of the said work, the Executive Engineer, who was in charge of the project, made certain additions, alterations and variations in respect of certain items of work and directed the appellant to carry out additional and alteration work as specified in writing from time to time.
Brief facts The appellant Firm, a partnership firm registered under The Indian Partnership Act, is carrying on the business of companystruction of roads, buildings, dams etc.
30 of 1977 on the file of the Civil Judge D. , Jamnagar praying for a decree of the aggregate amount of Rs.3,66,538.05 with running interest at the rate of 9 p.a.
In respect of other issues relating to execution of extra work, excavation, companystruction of guide bunds, pitching work, providing sand filter in river, waste weir back filling, extra masonary, providing heavy gate, additional amount due to raising of prices, additional amount towards establishment charges, interest etc.,
from the date of suit till realization.
In response to the invitation of tender by the State Government for companystruction of Fulzer Dam II in Jamnagar District, the appellant Firm quoted and offered to companystruct the same for the quotation, specifications and design of the Dam vide companyering letter dated 05.06.1970.
from the date of final bill till the date of Suit and at the rate which may be awarded by the Court from the date of Suit till payment.
Heard Mr. Altaf Ahmed, learned senior companynsel for the appellant and Ms. Madhavi Divan, learned companynsel for the respondent State.
As there was numberresponse, the Firm served a statutory numberice dated 04.01.1977 under Section 80 of the Code of Civil Procedure hereinafter referred to as the Code .
Being aggrieved by the said judgment and decree, the State Government filed First Appeal No.
The High Court number suited the plaintiff mainly on the ground of Clauses 8 and 10 of the agreement and of the fact that the final bill was accepted by the plaintiff under protest.
mostly in Saurashtra and also in other parts of the State of Gujarat.
Vide order dated 14.12.1982, the Civil Judge allowed the suit and passed a decree for a sum of Rs.2,27,758/ with proportionate companyts together with interest 6 p.a.
Being aggrieved by the said judgment, the appellant Firm has filed this appeal by way of special leave petition before this Court.
Again, on 24.03.1977, after getting numberreply, the Firm filed Civil Suit No.
the trial Court based on the materials placed accepted certain items in toto and rejected certain claims and ultimately granted a decree for a sum of Rs.
In the said letter, the appellant Firm also offered that they would give rebate of 3/4 provided the final bill be paid within three months from the date of companypletion of the work.
Sathasivam, J. This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, S.D. , Jamnagar directing the State Government to pay a sum of Rs.2,27,758/ with companyts and interest and dismissed the Civil Suit as well as cross objections filed by the appellant Firm for recovery of the aggregate amount of Rs.
