JUDGEMENT

R.M. Lodha, J.—

Both these appeals by special leave, arise out of one and the same judgment dated 26th April, 2002 rendered by the High Court of Judicature Andhra Pradesh whereby it allowed the two appeals being CMA No. 1559/1994 and CMA No. 77/1995.

2. For the sake of convenience, we shall refer the appellant -Visakhapatnam Port Trust, “VPT” and the respondent - M/s Continental Construction Company, “the Contractor”.

3. In CMA No. 1559/1994 before the High Court, the dispute between the parties was in respect of refund of an amount of Rs. 74,810.38 which was recovered by VPT from the contractor’s running bill no. 21. VPT entered into an agreement with the contractor on 7th January, 1973 whereunder the contractor was to construct the ore berth 263 meters long 29.73 meters wide comprising of eight numbers of 18 meters x 27.73 meters long concrete cribs spaced at 35M centres on prepared foundations and connected by pre-cast pre-stressed deck and R.C.C. slab and construction of two Mooring Dolphins comprising concrete deck supported on 900mm internal diameter Racker bored piles. For the execution of the said contract, VPT was to supply various equipments comprising of hydrau