Modification of Judgment dtd. 24/12/2025 in R/FA/3968/2001

0.5874445027349775 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3968 of 2001 [On note for speaking to minutes of order dated 24/12/2025 in R/FA/3968/2001 ]

With R/FIRST APPEAL NO. 3969 of 2001 ==========================================================

MULCHAND PITAMBERDAS & CO. & ANR.

Versus SURENDRANAGAR DISTRICT PANCHAYAT ==========================================================

Appearance:

MR GT DAYANI(271) for the Appellant(s) No. 1,2 MS MAYA N BHAVNANI(195) for the Appellant(s) No. 1,2 MR HS MUNSHAW(495) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 19/02/2026 ORAL ORDER As mentioned in the Note and as per the arguments advanced by the learned advocate for the petitioners, in the judgment dated 24.12.2025, the eighth line of paragraph No.

11 and second line of paragraph No. 12 are rectified as:-

"The aforesaid proposition of law, the First Appeal allowing the"

"The above observations, both the Appeals are allowed".

Rest of the judgment portion remains as it is. The Registry may issue fresh writ accordingly.

The note for speaking to minutes disposed of accordingly.

(D. M. DESAI,J)

SHIVANI SHUKLA R/FA/3968/2001

0.5874445027349775 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3968 of 2001 With R/FIRST APPEAL NO. 3969 of 2001 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

MULCHAND PITAMBERDAS & CO. & ANR.

Versus SURENDRANAGAR DISTRICT PANCHAYAT ==========================================================

Appearance:

MR GT DAYANI(271) for the Appellant(s) No. 1,2 MS MAYA N BHAVNANI(195) for the Appellant(s) No. 1,2 MR HS MUNSHAW(495) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 24/12/2025 COMMON ORAL JUDGMENT

1. The present First Appeals are filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”) by original defendants assailing the common judgment and decree dated 30.09.2000 passed in Special Civil Suit No. 44 of

1994 and Special Civil Suit No. 6 of 1995.

R/FA/3968/2001

0.5874445027349775

2. The First Appeal No. 3968 of 2001 is arising out of Special Civil Suit No.44 of 1994 and First Appeal No. 3969 of 2001 is arising out of Special Civil Suit No. 6 of 1995.

3. Heard learned advocate, Mr. G.T. Dayani for the appellants and learned advocate, Mr. H.S. Munshaw for the respondent. For the sake of convenience, parties are referred to as per their original status in the suit.

4. The brief facts of the case are as under:

4.1 As per the case of respondent – plaintiff – Panchayat, the Road & Building Department, Surendranagar District Panchayat, issued a tender for the construction of a bridge across river Satapar near village Narali, Dhrangadhra-Kuda- Tikar road. The tender submitted by appellant – defendant No. 1 being the lowest one and agreed to reduce 2.50% of quoted rate came to be accepted for a contractual sum of Rs.13,99,891.84 paisa, against which the defendants deposited a security amount of Rs. 22,500/-. The agreement was executed on 08.02.1990. The work order was issued on 22.02.1990. The defendants were required to complete the work within 18 months from the date of the work order, i.e., R/FA/3968/2001

0.5874445027349775 on or before 21.08.1991. Despite of issuance of work order, the defendants did not turn up for taking line out for a long time and failed to commence work for a considerable period. Repeated notices were issued by the Executive Engineer and the Deputy Executive Engineer on 14.06.1990, 20.05.1990, 19.05.1990, and 11.12.1990, directing the defendants to commence and expedite the work. Eventually, by 30.05.1991, the defendants had completed work worth Rs.1,20,3