Mathew, J. - (1.) This is an appeal by the defendant on the basis of a certificate against a decree passed by the High Court of Bombay in appeal from a decree in a suit for recovery of balance of amount due on account of extra construction work carried out by the plaintiff-respondent.
(2.) The State of Bombay prepared a scheme for construction of blocks in Sholapur and invited tenders for the same. The respondent, a firm, submitted its tender on 29-7-1948. The tender was in B-1 form, otherwise known as percentage tender. The tender was accepted on 6-I2-1948 by the Labour Department on behalf of the State of Bombay. The Bombay Housing Board came into being with the passing of the Bombay Act 69 of 1948 and under Section 54 of that Act, the above contract shall be deemed to have been entered into with the Board.
(3.) The order to carry out the work was issued to the respondent by the Housing Commissioner on 15-8-1948.The construction was to be completed within one year from the date of the order. The time was extended and the work was actually completed in March, I950 and possession was taken by the appellant some time between 5-5-50 and 30-5-50. The amount paid to the respondent on 30-3-1951 under the final bill was accepted by it under protest. As the disputes between the parties in respect of the claims made by the respondent could not be settled by agreement, the respondent filed the suit, claiming under 4 items, namely, A to D, a sum of Rs. 38,000-8-0.;