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2022 Supreme(SC) 1817

SANJAY KISHAN KAUL, M. M. SUNDRESH
Sweta Construction – Appellant
Versus
Chhattisgarh State Power Generation Company Limited – Respondent


Advocates Appeared:
Mr. Gaurav Agrawal, Advocate, Mr. Ravi Raghunath, Advocate, Mr. Rishabh Garg, Advocate, Ms. Aakashi Lodha, Advocate, Ms. Anindita Mitra, Advocate, for the Appellant; Mr. Pradeep Misra, Advocate, Mr. Daleep Dhyani, Advocate, Mr. Suraj Singh, Advocate, Mr. Bhuwan Chandra, Advocate, for the Respondent.

ORDER

1. The appellant is the partnership firm stated to be inter alia engaged in business of construction of residential and commercial buildings. A contract was executed on 13.05.2010 between the parties for construction of 36 Unit 'D' type staff quarters including, internal water supply, sanitation, electrification and construction of road culverts and drain for all type of staff quarters at Janjgir, Champa for the benefit of the respondent power generation company. The total value of the contract was Rs.05,90,04,326/- and the stipulated time period for completion of work was fifteen months. Thus, the contract period was to end on 24.08.2011.

2. It is the say of the appellant that during the execution of work there occurred hindrances of several varying natures with the result there was no desired progress in execution of the works. The appellant thus sought extension of time to complete the works which was granted upto 31.07.2012. In fact, the work continued even after that time period expired. However, on 11.04.2013, the respondent terminated/ closed the contract for a total amount of Rs.02,74,50,407/- and assigned it to another agency. The aforesaid, as per the appellant was do

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