Supreme Court of India · 1975-01-29
BOMBAY HOUSING BOARD (NOW THE MAHARASHTRAHOUSING BOARD) vs KARBHASE NAIK & CO., SHOLAPUR
- Citation / case number
- SC 1968/60295
- Court
- Supreme Court of India
- Petitioner
- BOMBAY HOUSING BOARD (NOW THE MAHARASHTRAHOUSING BOARD)
- Respondent
- KARBHASE NAIK & CO., SHOLAPUR
- Author
- KUTTYIL KURIEN MATHEW
- Bench
- KUTTYIL KURIEN MATHEW
Judgment text excerpt
The Supreme Court held that under Clause 14 of the contract, the contractor is entitled to payment only at the rate fixed by the Engineer-in-charge if he does not agree to the stated rate, and any disputes regarding the rate are to be resolved by the Superintending Engineer. The Court affirmed the High Court's decision that the contractor was entitled to compensation for extra work and alterations made without proper notice, despite the appellant's claims based on Clause 15 and the limitation period under Section 64 of the Bombay Housing Board Act, 1948. The Court ruled that the suit was not barred by limitation as the claims arose from breaches of contract, not merely from actions taken under the Act.