T.AMARNATH GOUD,J. - (1.)These appeals, being RFA 17 of 2016 and RFA 22 of 2017 challenging the judgment and decree dtd. 27/2/2016 in T.S.130 of 2012 and Judgment and decree dtd. 26/4/2017 in T.S.106 of 2012 passed by the Civil Judge(Sr.Div), West Tripura, Agartala respectively, have been clubbed together for disposal by a common judgment.
(2.)The appellant contract-transporter in RFA 17 of 2016 having been selected under tender dtd. 12/8/2009[Exbt.1] floated by the Food Corporation of India (FCI for short)[respondent herein] for transporting food grains on behalf of FCI for two years, started transportation of the same after depositing 50% of the total security deposit on condition of deducting remaining 50% from the admitted bills at 5% as per the tender provision, meanwhile after repeated communications by the Executive Director, FCI, since 1/6/2010, the appellant received letter on 7/6/2010 informing the appellant of possible termination of contract and imposing 'risk and cost terms' obligation under which the appellant would be allowed to carry the load prescribed by the respondent only which was reduced to half of the weight the appellant contractors would carry, as usual, on commencement of the contract work thereby causing huge loss of profit to the appellant. The appellant was compelled to stop transportation of goods in the face of unbearable loss to an unbearable extent.
(3.)Subsequently, the agreement between the appellant and the respondent was terminated on the face of failure of enforcement of load regulation and fresh tenders were invited on 12/7/2010 for the residual part of the terminated agreement applying the risk and cost condition under Clause X(a),(b) and (c) of the agreement. The appellant was entrusted for transportation of goods by three agreements/contracts on different routes as under:
1) Guwahati to Chandrapur [the work commencing on 1/7/2008]

2) Guwahati to Dharmanagar [the work commencing on 7/12/2009]

3) Guwahati to Aizwal [the work commencing on 20/1/2010]

4) Churaibari to CWC Hafania and Dharmanagar to Hafania.

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