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2005 Supreme(SC) 1039

C.K.THAKKER, P.K.BALASUBRAMANYAN
Rajendra Construction Company – Appellant
Versus
Maharashtra Housing & Area Development Authority – Respondent


Judgment

C.K. Thakker, J.—Leave granted.

2. The present appeals are directed against the judgment and order dated June 4, 2003 passed by the Division Bench of the High Court of Bombay (Aurangabad Bench) in First Appeal Nos. 528 and 529 of 1996. By the said judgment, the High Court allowed the appeals filed by the Maharashtra Housing & Area Development Authority and set aside decrees dated August 25, 1996, passed by the Court of Civil Judge, (Senior Division), Aurangabad in Special Civil Suit Nos. 265 and 266 of 1991.

3. The relevant facts leading to these appeals may now be stated in brief;

Appellant Rajendra Construction Company (‘RCC’ for short) is a partnership firm doing business in construction work. Maharashtra Housing & Area Development Authority (‘MHADA’ for short) issued a Tender Notice No. 4/87-88 calling offers from registered contractors for the construction of 444 tenements under the Low Income Group Scheme (LIGs), near Scot Grini, Garkheda, Aurangabad and 192 tenements under Middle Income Group Scheme (MIGs), near Griha Nirman Bhavan, Aurangabad.

4. In November, 1987, work orders were issued in favour of RCC for an amount of Rs. 50,38,068/- in respect of the first work an












































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