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1958 Supreme(Bom) 29

J.R.MUDHOLKAR
Vinayak Vishnu Sahasrabudhe – Appellant
Versus
B. G. Gadre and others – Respondent


This is a plaintiffs appeal from the judgment made in pursuance of an award given by the arbitrators who had been appointed by the parties to arbitrate into their dispute.

(2) It is common ground that the plaintiff Sahasrabudhe agreed to construct a building for the respondent No. 1 according to an agreed plan at a cost of Rs. 60,000/-. Subsequent to this agreement, certain variations were effected in the original plan by reason of which the appellant was required to deviate from his original work.

(3) The appellant carried out a considerable part of the work which he had undertaken and had received from time to time a total amount of Rs. 66,500/- from the respondent No. 1. It is common ground that the appellant did not complete the entire work but left it unfinished. According to the respondent No. 1 he got that work finished at a cost of Rs. 21,000/- and odd. He therefore claimed from the appellant the difference between the amount which was agreed to be paid by him to the appellant and the amount actually spent by him. This amount according to him was Rs. 7100/-or so. The appellant, on the other hand, contended that in respect of the work which was actually done by him for the res




















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