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2014 Supreme(Guj) 1

M.R.SHAH, R.P.DHOLAKIA
Swati Iat Utpadak Audyogik Sahakari Mandali Ltd. – Appellant
Versus
Gujarat Housing Board. – Respondent


JUDGMENT

R. P. DHOLARIA, J.

The appellant original plaintiff (hereinafter referred to as the plaintiff) has preferred present appeal under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and order dated 15th February, 2000 passed by the learned Judge, City Civil Court, Ahmedabad (hereinafter referred to as the learned Judge) in Civil Suit No.4194 of 1985, whereby the learned Judge has dismissed the suit of the plaintiff.

2. The facts in nutshell are as under:

2.1 The plaintiff is a co-operative society registered under the Gujarat Co-operative Societies Act, 1961. The respondent herein original defendant (hereinafter referred to as the defendant) invited tenders for the work of manufacturing and supplying of bricks of standard size. After scrutiny, the tender of the plaintiff was accepted and consequently work order came to be issued in favour of the plaintiff on 29th June, 1981. The work entrusted was required to be completed on or before 31st December, 1981. It is the case of the plaintiff that the plaintiff was required to quote price for one crore bricks with basic rate of coal and labour and the defendant was expected to provide land for manufacturing































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