JUDGMENT :

R.K. Agrawal, J.

1. Leave granted.

2. These two appeals are preferred against the impugned common judgment and order dated 28.05.2012 passed by the High Court of Delhi at New Delhi in FAO (OS) Nos. 238 and 239 of 2012 whereby the Division Bench of the High Court dismissed the appeals filed by the appellant herein while upholding the decision of learned single Judge of the High Court. Since the moot question is same in these two appeals, both would be disposed off by this common judgment.

3. Brief facts:-

(a) The appellant herein is the Union of India and the respondent herein is the Contractor. On 30.10.2006, the appellant floated two tenders for the construction of the residential accommodations at Hissar. Pursuant to that, the appellant received tenders of various companies.

(b) Being the lowest quotation of the respondent-Contractor, its tender was accepted by the appellant. The lump sum amount of these two contracts were Rs. 39,09,80,362.61 and Rs. 35,21,99,854.30 respectively. Consequently, the appellant and the respondent-Contractor entered into formal contract and laid down terms and conditions of the contract by which it was decided that both would be bound and also ad