- (1.) Special leave granted.
(2.) These two appeals are filed against the two orders of the Division Bench of the Karnataka High Court dated 23-8-1985 in W.A. No. 2825/95 and dated 10-11-1995 in I.A. VI for recalling the order dated 23-8-1985.
(3.) We do not consider it necessary to give full facts of the case relating to these appeals in view of the order proposed to be passed. Brief facts are given below:- The husband of the first respondent and father of respondents Nos. 2 to 9 (hereinafter called the "Contractor") was entrusted with the execution of a work for the construction of storm water drain by the appellant-Corporation. It is common ground that the Contractor failed to complete the work within the stipulated time, which necessitated the Corporation to entrust the balance work to a new Contractor, namely, M/s. J. K. Construction Company, who completed the work. The Contractor claimed that he was to be paid some amount by the appellant-Corporation for the work executed by him. The Corporation, however, was not prepared to accept the liability which necessitated the appointment of an Expert Committee. The Expert Committee seems to have recommended that the Corporation has to pay the contractor a sum of Rs. 39,53,096.50 with interest from 1-10-1981 to 10-8-1994. It appears that the Corporation has paid the said sum of Rs. 39,53,096.50 but did not pay the interest as recommended by the Expert Committee.;