(1.) Leave granted.
(2.) Respondent herein invited tenders for the work of excavation in canal K.M. No. 126, Kukadi Left Bank Canal, Shrigonda in the District of Ahmednagar at an estimated costs of Rs. 23,26,424/- pursuant whereto appellant herein submitted its offer for a sum of Rs. 21,10,233/-. The said offer being the lowest was accepted.
(3.) The parties hereto thereafter entered into a contact on 9.2.1988; clauses 37, 54 and 55 whereof read as under: