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2011 Supreme(SC) 1038

JAGDISH SINGH KHEHAR, R.M.LODHA
Durga Charan Rautray – Appellant
Versus
State of Orissa – Respondent


JUDGMENT

Jagdish Singh Khehar, J.

1. The appellant was entrusted with the construction of balance work of earth dam in connection with the Kharkhai Irrigation Project upto RL 316.50 on 31.12.1975. The estimated cost of the said balance work was Rs.13,78,810/-. As per the contract agreement, the work was to commence on 1.1.1976 and was to be completed on or before 31.7.1976. For some reasons including change in design, the work could not be completed within the prescribed time. The appellant eventually completed the assigned work in July, 1978. This delay in completion of work, according to the appellant, resulted in financial loss to the appellant. In addition to the aforesaid, the appellant had some other grievances as well. Illustratively, the appellant sought payment towards some additional work executed by him, and also, refund of royalty deducted on account of the supply of “morum”. All these disputes were raised by the appellant, with the concerned respondent(s). The respondent(s) chose not to entertain the claims raised by the appellant. In fact, all communications addressed by the appellant to the respondents remained unanswered. The appellant then sought reference of his c















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