The court emphasized that the plaintiff-company must prove anticipated profit on account of non-execution of work to be entitled to compensation. It also highlighted the need for evidence to establish loss of turnover resulting from delay in contract completion.

ORDER :

Shree Chandrashekhar, J.

This Commercial Appeal has been filed by M/s Deoraj Singh, Transport Contractor to challenge the judgment dated 29th November 2019 passed in Money Suit No. 08 of 2016 (renumbered as Original Suit No. 25 of 2017).

2. Money Suit No. 08 of 2016 was filed by M/s Deoraj Singh, claiming itself a transport contractor, for the reliefs as formulated in paragraph no. 37 of the plaint which are extracted, as under:

“(a) That after adjudication a decree for Rs. 12,27,07,806.78 be passed in favour of the plaintiff and against the defendants.

(b) That a decree for pendente lite and future loss that may be sustained by the plaintiff during the of the suit be also granted in favour of the plaintiff.

(c) That cost of the suit be awarded to the plaintiff.

(d) that any relief or reliefs to which the plaintiff be found entitled be also granted to the plaintiff.”

3. In the Money Suit, the plaintiff which is the appellant before us (hereinafter referred to as the ‘plaintiff-company’) claimed a decree for Rs. 12,27,07,806.78/- with a decree pendent lite and future loss. Vide letter of intent dated 5th February 2013, the plaintiff-company was awarded the works of “hiring of shovels, tippers, drills, dozers water sprinklers, etc. for removal of strata including topsoil, various rocks, blasted rocks and blast hole drilling into all kinds of strata, excavation, loading, transportation, dumping, spreading and dozing of specified places”. The other connected works included grading and water spraying on the haul road and maintenance of the haul road; dewatering at the working site at Pandra OCP quarry and hiring of HEMM such as excavators, tippers, drills, dozers and water sprinklers to be deployed at outsourcing patch for the purpose of excavation, drilling, loading, transportation of coal, dozing of specified places, grading and water spraying on the haul road and maintenance of haul road as per the instruction of Project Authority at Pindra OC outsourcing patch.

4. The plaintiff-company pleaded that it mobilized the necessary men and machinery for the execution of the subject works which were to be completed within two years; from 18th February 2013 to 17th February 2015. This is an admitted position that there was no hindrance at the work site and the plaintiff-company which had already executed works at Phase-I of Pindra project was able to execute a part of the subject works. Sometime in April 2013, the villagers, particularly, Wali Mohammad and Md. Islam started creating serious obstructions which made it impossible to execute any work at the work site. The plaintiff-company further pleaded that the villagers had an oblique motive and the CCL also made complaints to the administration in this regard. Later on, the civil proceedings and the proceedings under section 107 of the Code of Criminal Procedure vide M.P. Case No. 155 of 2013 and M.P. Case No. 70 of 2014 were initiated by the Sub Divisional Magistrate at Ramgarh on the complaints of the CCL to restrain the villagers from indulging into violence and vandalism at the work site. Simultaneously, a proceeding vide M.P. Case No. 46 of 2013 was also initiated under section 107 of the Code of Criminal Procedure at the instance of the Project Officer at Pindra for restraining the villagers from creating disturbances and obstructions at the work site. Furthermore, the CCL instituted Money Suit No. 21 of 2013 against Md. Ali and Liyakat Mia and Money Suit No. 22 of 2013 against Wali Mohammad, Mohd. Islam and Md. Jabil in the Court at Ramgarh seeking compensation for the losses caused due to their illegal acts. It was further pleaded that the plaintiff-company continued to write letters to the CCL to resolve the issue with the villagers and some efforts were also taken by the management in this regard but only a small portion of the subject works under NIT dated 14th November