Judgment

Markandey Katju, J.

These appeals have been filed by special leave against the impugned judgment and order dated 21st March, 2002 of the Kerala High Court in MFA No. 452 of 1997.

Heard learned counsel for the parties and perused record.

The appellant, Asian Techs Ltd., entered into an agreement dated 02.09.1986 with the Union of India for construction of 'Provision of Lab and Administrative Block', etc. for NPOL at Kakkanad, Cochin. The probable amount of contract was Rs. 3,58,96,665, and the construction was to be completed before 08.09.1988. The period of the contract was 24 months. Ex. R1 is the agreement and Ex. R1(a) is the General Conditions of Contract known as IAFW 2249. According to the appellant, due to the delay caused by the respondents, the project could not be completed by 30.06.1990. According to the appellant, the delay was because the site of the work proposed was changed by the respondents subsequent to the signing of the agreement. Also, the design and structural particulars of the building were fundamentally altered by the respondents by omitting the basement floor itself. The respondents nominated the suppliers of prime cost items belatedly. They did n