(Appeal filed under Clause 15 of the Letters Patent and Order XXXVI Rule 1 of the O.S. Rules against the judgment and decree dated 28.3.2003 in O.P.No.269 of 2002.)

P.K. Misra, J.

The facts giving rise to the present appeal are as follows :-

The appellant Port Trust awarded a contract to the first respondent with reference to rock quarrying and transportation. The appellant retained a particular sum as liquidated damages on account of breach of contract by the first respondent by not supplying the rock within the stipulated time. This matter was considered by the Dispute Review Board which held that the Department was not justified in retaining the amount towards liquidated damages. Ultimately the dispute was referred to Arbitral Tribunal.

2. The contention of the first respondent was that the present appellant was not entitled to withhold any amount on account of delay in supply of rocks as no injury had been caused.

3. According to the case of the appellant, on account of delay in supply of rocks by the first respondent, they had delayed the award of work of C4 contract and they have suffered damages under different heads. Invoking clause 47.1 of the General Conditions of