KANWALJIT SINGH AHLUWALIA,J. - (1.) Instant appeal has been instituted by the defendant-appellants, namely Rajasthan State Cooperative Bank Limited, Jaipur through its Managing Director, in order to assail the impugned judgment and decree dated 03.06.1995 rendered by the Court of Additional District Judge, Sikar, whereby the suit of the plaintiff-respondent was decreed for Rs. 13,402/-.
(2.) Ramvatar Sharma, plaintiff-respondent No. 1, herein is a work contractor. Way back on 08/12.03.1983, he was awarded construction work of 100 MT Godown (residence) at G.S.S. Kotri Shimarla, Police Station Srimadhopur District Sikar (Rajasthan). In the work order, he was asked to carry out the work upto an amount of Rs. 81,771/-. The work order (Exhibit/2) further stated that work allotted will be restricted upto Rs. 70,666/-. A condition was also specified in the work order that the work is to be completed within a period of four-&-half months from the date of issuance of the work order.
(3.) Mr. J.K. Singhi, learned senior counsel, ably assisted by Mr. Amitabh Jatav, ld. counsel appearing for the defendant-appellants, has submitted that the plaintiff-respondents had not started the work within four-&-half months, the period stipulated for the completion of the work. It is contended that after giving repeated reminders, execution of the work started in the month of July, 1983. Ld. senior counsel has further submitted that after completing the work upto Rs. 70,666/-, contractors stopped the work and later-on, the wooden work was to be awarded to another contractor and, hence, the delay had occurred in execution of the contractor.;