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january 1975

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.

BOMBAY HOUSING BOARD (NOW THE MAHARASHTRAHOUSING BOARD) vs KARBHASE NAIK & CO., SHOLAPUR · Niyam