JUDGMENT

VIKRAMAJIT SEN, J.

Leave granted.

2. The Appellant, IRCON International, is impugning the Judgment of the Learned Division Bench of the Madras High Court, which had dismissed two Original Second Appeals preferred by the Appellant. Recapitulating the facts of this litigation, the Appellant was the successful tenderer in respect of a contract awarded to it by SIPCOT (not a party to the present dispute/ Appeal), for the construction of an Internal Road for the Industrial Complex at Irungattukottal, Sriperumbpudur Taluk, Kanchipuram District, Tamil Nadu. The contract between these parties was made on 10.07.1997 and was valued at Rs.13,06,60,587/-. In furtherance of the execution of this contract, the Appellant entered into two subcontracts (hereinafter, “the subcontracts”) with the Respondent herein, in respect of two Packages, namely “C1” and “C2”, for the laying of roads valued at Rs.3,20,64,752/-and Rs.1,67,01,821/-respectively. The cumulative value of both packages amounted to Rs.4,87,66,573 /-.

3. The Respondent completed approximately 67 per cent of the work under the two subcontracts but thereafter ceased work on both. The Appellant cancelled the subcontracts, and manag