( 1 ) DELHI Development Authority (hereinafter called the dda ) entrusted the work of C/o Outfall RCC box drain measuring 2258 mts. in Lawrence Road area including remodelling of part of Kanahaya Nagar Drain for Pitampura Residential Scheme to discharge into Najafgarh drain, to U. P. Rajkiya Nirman Nigam Limited (in short nigam ) defendant No. 1. The Nigam in turn invited tenders for the construction of Kanhaiya Nagar RCC Box Culvert type drain. The plaintiff herein submitted his tender and the same was accepted by the Nigam subject to the terms and conditions agreed upon between the parties vide work order agreement dated 2-5-1990. The said work order contains various clauses and one of the clause No. 15 provided that in case of dispute the decision of the then Unit Incharge would be binding.

( 2 ) IT is the case of plaintiff herein that since the Nigam withdrew certain work out of his work order arbitrarily and illegally, therefore, he suffered losses and damages. Not only the work was withdrawn, the Nigam illegally and arbitrarily terminated his contract vide order dated 25-3-1991. He was in fact performing his contractual obligation in accordance with the terms of the contrac

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