ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. This appeal has been filed by the original defendants, i.e. Food Corporation of India and its official, who shall be hereinafter referred to as 'FCI'. The appellants have challenged the judgment and decree dated 7.5.1999 passed by 5th Joint Civil Judge (S.D.), Panchmahal at Godhra in Special Civil Suit No.4 of 1989. 2. We may notice the brief facts, at this stage.

2.1. Respondent herein- M/s. Sorath Construction Company (hereinafter referred to as the 'Contractor') was awarded works contract by FCI. A contract was entered into between the parties on 24.2.1987. The works contract pertained to the construction of 25000 M.T. capacity convertible plinths with roads, drains and culverts for and on behalf of FCI at its site at village Bhumiya, District Godhra. Since the offer of the Contractor was found to be the most competitive, FCI awarded such contract after inviting tenders. Quotation of the plaintiff for executing the work was Rs.54,49,263.90 ps., which was accepted by FCI. As per the contract, work was to commence on 20.3.1987. Tenure of work being 12 months, construction was to be completed on or before 19.3.1988.

2.2. It i