SANJAY KISHAN HAUL, J.

( 1 ) A Work Order was issued by the petitioner to the respondent dated 31. 05. 2000 for construction of five retail outlets of the Indian Oil Corporation located at five places viz. Faridpur, Kesarpur and Transport Nagar (T. P. Nagar) in the District Bareilley and Bankatara and Gulamkhera, both in the District of Shahjahanpur in the State of Uttar Pradesh. The letter of award/the agreement was executed on 13. 06. 2000 and the scheduled date of completion stipulated was eighty days. Handing over of the sites took place in phases. Four sites were handed over on 06. 06. 2000 and thus the date of completion was 25. 08. 2000 while one site was handed over on 12. 07. 2000, consequently having the completion date of 30. 09. 2000. Apart from the agreement which provided for the relevant BOQ items, there was a provision for non BOQ items agreed to between the parties as per the terms of the contract. There was delay in the execution of the contract as is apparent from the fact that the work was completed on 31. 10. 2001 with a delay of more than 10 weeks. Final measurements were taken in March, 2002 and the re-conciliation of measurements was done in September, 2002