RAMENDRA MOHAN DATTA, J.

( 1 ) THIS is a suit for the recovery of a sum of Rs. 10,977/- which has been deducted by the then Province of Bihar from the plaintiff's bill in accordance with the conditions of a tender for the supply of stones, stone metals and gravel to the defendant for the purpose of repair and construction of certain portions of Grant Trunk Road. The tender was accepted by the Public Works Department of the then province of Bihar.

( 2 ) THE said tender, inter alia, provided the following clauses in the conditions of contract:"2. The contractor is to deliver the materials on or before the dates mentioned in the Tender, failing which he shall be subject to pay or allow one per cent. On the total amount of the contract for every day not exceeding ten days that he shall exceed his time as liquidated damages. 3. In every case in which the payment or allowances mentioned in Clause 2 shall have been incurred for ten consecutive days, the Executive Engineer shall have power either to annul the contract altogether, or to have the supply completed without further notice at the contractor's risk and expense as he may deem best suited to the interests of Government, and the c

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