1. This is yet another case wherein the dispute between the parties relates to contract of construction work. What is breach of contact? Incidentally, this case is also an illustration of plaintiff’s failure to prove the damages claimed by him for breach of contract.

2. The plaintiff claims damages mainly under the three heads. The plaintiff has summarized these claims thus:

(1) Rs. 1,37,202/: “on account of illegal recovery, extra expenditure, damages to the

materials, unnecessary shoring and strutting, work done but not

paid, diversion, security deposit etc.”

(2) Rs. 5,72,408/: “on account of loss of profit and idle establishment, over stay of

machinery, overhead etc.”

(3) Rs. 2,00,238/: “on account of interest over damages” (from 14.12.1987 to

24.4.1990)

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Total Rs. 9,09,848/

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3. Before referring to brief facts of the case, two words i.e. “abutment” and “pier” may be explained. In construction of bridge, pillars on each side/corner of bridge is known as “abutment”, while pillars placed in middle of the bridge are known as “piers”.

4. The defendant State had invited tenders for construction of bridge on Ankleshwar Hansot Highway on Amalkhadi