Judgment

SABYASACHI MUKHARJI, J. :- Leave granted and the appeal is disposed of by the following judgment.

2. This appeal arises out of an order of the High Court of Madras, dated 21st September, 1984. The appellant is the Secretary to the Government, Transport Dept., Madras, and the respondent No. 1 is the managing partner of M/s. National Company, which was the successful tenderer of the work of construction of a bridge across the river Coovum at Koyambedu within the corporation limit of the city of Madras and accordingly the necessary contract was executed between the respondent No. 2 - the Superintending Engineer (Highways) World Bank Project Circle, Madras, and the said Company on 28th April, 1979.

3. According to the conditions of the contract between the parties, the work should have been completed on or before 5th November, 1980. The said National Company, however, according to the appellant, did not even commence the work till 21-9-1981 and despite extension of time until 31-10-1981 the said firm failed and neglected even to commence the job. Consequently, the contract in favour of the said firm was determined absolutely at their risk and cost, according to the appellant. The