Judgment

TULZAPURKAR, J.:- These appeals by certificate of fitness granted by the High Court of Judicature at Bombay are directed against that Courts common judgement and decree dated September 9/10, 1968, passed in two cross appeals being First Appeals Nos. 245 of 1962 and 844 of 1961.

2. A contract for the construction of an aqueduct across the Alandi River at Mile No. 2 of the Nasik Left Bank Canal of the total value of Rs.1,07,000 was granted to the appellant-plaintiff (originally a partnership but later a proprietary firm of contractors) by the respondent-defendant (the State of Maharashtra) after the formers tender was accepted on June 17, 1955. On July 2, 1955 the Executive Engineer issued the work order to the appellant-plaintiff directing him to commence the work by July 5,1955 intimating in clear terms that the stipulated date for starting the work would be reckoned from July 5, 1955. The formal regular contract in prescribed Form B-2/1 of 1955-56 (EX.34)containing the terms and conditions as well as the Schedules, Specifications etc. was executed by the parties on July 12, 1955. A security deposit of Rs.4,936 was kept by the appellant-plaintiff with the respondent-defendan