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1984 Supreme(Del) 85

AVADH BEHARI ROHATGI, G.C.JAIN
OM PRAKASH BALDEV KISHAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
D.K.KAPUR, D.P.SHARMA, S.C.Malik Sayeed Uddin

G. C. Jain, J.

( 1 ) THESE two cross-appeals (F. A. O. (O. S.) No. 14 of 1980 and F. A. O. (O. S) No. 32 of 1980) arise out of the judgment of a learned Single Judge dated November 20, 1979.

( 2 ) MESSRS 0m Parkash Baldev Krishan (hereinafter to be refrred as the Contractor ) submitted a tender for "provision of Married Accommodation for CPL s/ac s Flt. Sgt. /mwo s/wo s/near Delhi". The tender was accepted and the work was awarded to the contractor by the Union of India vide agreement No. CEDZ-8 of 1972-73, dated August 21, 1973. Clauses 9, 26, 62 (0) and 70 of the General Conditions of contract and clause 3. 1 of the Special Conditions of Contract, which are relevant for the decision of these appeals, read as under :

"9. Suspension of Work. The Contractor shall suspend execution of the Works or any part of parts thereof, whenever called upon in writing by the Garrison Engineer to do so, and shall not resume work thereon until so directed in writing by the Garrision Engineer. The Contractor will be allowed by the G. E. an extension of time (not less than the period of suspension) for completion of the item or group of items of work for which a separate period of completion is given



































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