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1991 Supreme(Mad) 97

A.S.ANAND, RAJU
Andhra Civil Construction Company represented by its Managing Partner, B. Hanumantha Rao – Appellant
Versus
The Government of India, represented by its Secretary, Ministry of Shipping and Transport, Transport Bhavan, New Delhi and others – Respondent


Appearing Advocates:S.Govindaswaminathan, Senior Counsel, for N.S.Sivam and G.Anbumani, for Appellant. P.Narasimhan, Senior Central Government Standing Counsel, for Respondent No.1. R.Krishnamurthy, Senior Counsel, for M.Venkatachalapathy and S.M.Loganathan B.Sriramulu, for Respondent No.2.

Judgment :-

Dr.A.S.Anand, C.J.:

These appeals are directed against a common judgment single Judge dated 28.3.1990 dismissing W.P.Nos.12324 of 1987; 916 of 1988 1988.

2. The appellant in all the three writ appeals is the unsuccessful writ petitioner, Civil Construction Company-a Civil Engineering Firm having its Registered Office from a perusal of the pleadings of the parties, it transpires that during 1979, the Port Trust, with a view to deepen the approach channel at Tuticorin Port from invited tenders for deepening the approach channel measuring 1400 Mts. Work to two contractors in December, 1979 with a view to have the deepening work expeditiously. The channel was divided into two portions and (i) Reach from Ch.00 525 Mts. and from Ch.1050 Mts. to 1400 Mts. was allotted to the appellant and from Ch.525 Mts. to 1050 Mts. was allotted to Dredging Corporation of (hereinafter called the D.C.I.) Work orders were accordingly issued to the appellant as D.C.I. The appellant completed the deepening of the approach channel between Mts. to 475 Mts. and from Ch.1050 Mts. to 1400 Mts. However, D.C.I, could subsequential work because of the existence of some rock in the portion for which had








































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