I. P. Mukerji, J. - (1.) The respondent is a works contractor. On 11th March, 2002 a work order was issued in his favour by the Executive Engineer, Purulia Irrigation Division, the second appellant, for maintenance and repair of an approach road from Begunkodar to Murguma and onward to the head works of 'Saharajore' Irrigation Scheme under P.S - Purulia, District - Purulia. This approach road was 4.75 kilometres long. The total value of the tender was Rs.25,78,375/-. The work was to be completed within 90 days from 15th March, 2002. The time to complete the work was extended by the appellants from time to time. Finally, it was completed in April, 2004.
(2.) Only one term of the contract is relevant for the purpose of this appeal. The details and breakup of the rates at which the respondent was to be paid were mentioned in a schedule to it. Sl. No. 3 is material and is set out below: "Patching of potholes by drawing water, cutting to regular shape with vertical sides removing all loose and disintegrated materials screening & stacking the same for rouse with new materials as per requirement and filling the potholes with coarse aggregate and screenings, confirming to specifications and compacting the same with power roller including cost of all materials and hire charges of machineries but excluding the cost of coarse aggregate and screenings. (a) Stone other than pakur/Dhadka? Chandil. 25% of 4750 x 3.05 x 0.075 ....... 271.64 m3 m3 654.68 Rs.177837=00"
(3.) It is an admitted position that the cost of "coarse aggregate and screenings" was to be paid separately by the appellants.;