V.V.S. Rao, J.

Introduction

These two miscellaneous appeals are against common order, dated 24.01.2000 in O.P.No.1031 of 1998 (hereafter called, the first O.P.,) and O.P.No.1052 of 1998 (hereafter called, the second O.P.,) filed by M/s. Dhirubhai Thurner & Company, Engineers and Contractors (hereafter called, DOC). C.M.A.No.585 of 2001 against first O.P., was heard and reserved by us on 18.11.2009. C.M.A.No.1601 of 2000 against second O.P., was heard and reserved by us on 30.11.2009. It is, therefore, appropriate to dispose of both the appeals by common Judgment.

Facts in brief

2. Nizam Sugar Factory Limited (NSF) called for tenders for construction of machine foundations at Madhunagar, Zaheerabad in Medak District. DDC submitted their tender, which was accepted vide letter, dated 05.04.1991 of NSF. The parties entered into agreement on 26.04.1991 after negotiations in the presence of NSF's consultant M/s. C.R.Narayanan Private Limited, Bangalore. The contractor gave lumpsum rebate of Rs.3,00,0001- (Rupees three lakhs only) reducing the contract value from Rs.45,94,0201- to Rs.42,94,0201-. Time was agreed to be the essence of contract, and work was to be completed by 14.10.199