JUDGMENT

KANIA, J.:—This is an appeal on a certificate under Art. 133(l)(a) of the Constitution before its amendment. The respondent (original plaintiff) was given a contract by the appellant (original defendant) for carrying out construction work on a certain project. According to the appellant, the respondent did not complete the construction work in time and some part of it had to be completed departmentally, as a result of which some excess cost was incurred. The suit filed by the respondent was decreed by the Trial Court in the sum of Rs. 15,652.42p. only. Both the parties preferred appeals to the High Court. The High Court by its impugned judgment, partly allowed the respondents appeal and dismissed the appellants appeal. The decree passed by the Trial Court was modified in so far as the principal amount thereof was raised to Rs. 1,16,496. 45p. We have heard learned Counsel for the appellant at length. He has, however, not been able to convince us that the High Court has committed an error in the conclusion at which it arrived. The only contention urged by learned Counsel for the appellant was that the appellant was entitled to forfeit the amount kept back by the appellant as