JUDGMENT

S.ABDUL NAZEER, J.

1. Leave granted.

2. The appellant, in these appeals, has challenged the legality and correctness of the judgment and order dated 29.9.2011 in A.P.O. No.213/2009 in A.P. No.35/2006 whereby the Division Bench of the High Court of Calcutta has set aside the judgment and order of the learned Single Judge in A.P. No.35/2006 dated 27.1.2009.

3. Brief facts necessary for the disposal of these appeals are as follows:

4. On 20.3.1991, respondent invited tender for the execution of balance of earth for formation of banks for laying railway line, roads, platforms and miscellaneous work in connection with new goods terminal yard of South-Eastern Railway at Sankrail in Howrah District. The appellant’s tender dated 23.3.1991 for Rs.61,24,159/- was accepted by issuance of Letter of Acceptance dated 17.6.1991. In this connection, an agreement was entered into between the appellant and the respondent on 22.8.1991. In the said agreement, General Conditions of the Contract (for short ‘GCC’) were incorporated and the parties w