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S. RAVINDRA BHAT, DIPANKAR DATTA
S. D. Shinde Tr. Partner – Appellant
Versus
Govt. of Maharashtra – Respondent
JUDGMENT :
S. Ravindra Bhat, J.
1. These appeals challenge a common judgment of the Aurangabad Bench of the Bombay High Court,1[Dated 13.08.2009, in AO 108/2005; the appeal to the Division Bench was rejected on the ground of maintainability.]. The appellant was aggrieved by the judgment of the trial court,2[Joint Civil Judge, Senior Division, Ahmednagar, in R.C.S. No.595/1997.]. The trial court had set aside an award made in the appellant’s favour, 3[Dated 14.12.1997.] awarding substantial amounts towards its claim, in the backdrop of a road construction contract.
2. The first respondent, the Government of Maharashtra Irrigation Department, through Executive Engineer (hereafter EE), issued a tender notice for the work “Construction of Earth Work, structure and lining in Km. No.91 to 110 Kukadi Left Bank Canal”. This tender was accepted, and a work order was issued on 23.07.1983; the estimated cost of the work was Rs. 4,01,77,153/-. The contract between the parties visualized the period for completion of work to be 18 (Eighteen) English calendar months. The due date for completion of work, thus, was 22.01.1985. It was, however, not completed; several extensions were given, on the under
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