By this common judgment we propose to dispose of the three appeals which have arisen out of a common judgment passed by learned Single Judge in Civil Rule Nos. 4003,5145 and 5638 of 1998.

2. The facts in brief are that the Indian Oil Corporation Ltd, (hereinafter referred to as the IOC), in pursuance to a decision of the Govt of India undertook to set up a LPG Bottling Plant at Mirza, within the district of Kamrup, Assam. The project was estimated to costs around 30 crores. On 24.4.1996 IOC invited tenders for the land development work and M/s Deka Consultancy & Agency Services, (hereinafter referred to as the contractor), was selected as the contractor to do the above land development job and the work order was issued on 21.2.1997. The work commenced on 7.3.1997 and as it was a time bound project it was to complete within 35 weeks, that is, on or before 23.10.1997. However, the work could not be completed within the due time for heavy fain, inundation of the project site, etc, and the contractor prayed for extension. IOC granted extension till February, 1998. Thereafter vide letter dated November 5, 1998 the IOC terminated the contract of the contractor, whereupon