STATE OF GUJARAT Vs. JAISING ARJANBHAI AND CO

JUDGEMENT

(1.) THIS Appeal is at the instance of the State of Gujarat against the judgment and decree dated 30.4.1987 passed by learned Civil Judge (S.D.), Narol in Special Civil Suit No.46 of 1983, whereby the suit filed by the respondent-plaintiff (hereinafter referred as the 'Contractor') came to be partly allowed and the decree for Rs.14,43,160/- came to be passed against the appellant. The appellant was directed to pay the decretal amount with interest at the rate of 12% per annum till the same is realized. The contractor has preferred the above-referred Cross Objection, claiming Rs.6,84,823/- being dissatisfied with the rejection of some of the claims put forth in the suit.

(2.) THE facts, as could be noticed from the record of the case, are stated as under:-

(3.) IT is pertinent to note that this witness has referred many letters addressed to the Contractor asking to expedite and show progress in the work. In the evidence of this witness, it has also come on record that the Contractor had left the work from the month of June 1981 and thereafter, it has never resumed the work. This evidence is not challenged in the cross-examination of this witness.