Citation : 2022 Latest Caselaw 14647 Raj
Judgement Date : 13 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 144/2022 M/s Mehan Contractor Company, Throughb Its Owner Mahendra Pal S/o Ram Kumar Bhirani Age 48 Years, Tehsil Bhadra, Distt. Hanumangarh.
----Appellant Versus
1. State Of Rajasthan, Through District Collector, Hanumangarh.
2. Chief Engineer, Command Area Development Program, Indira Gandhi Canal Project, Kothi No. 8, Bikaner Presently Chief Engineer (West) Csd, Bikaner.
3. Superintending Engineer, Command Area Development Program, Indira Gandhi Canal Project, Hanumangarh Junction.
4. Executive Engineer, Command Area Development Program, S.n.i.p Division Iii, Indira Gandhi Canal Project, Bhadra, Distt. Hanumangarh, Presently Integrated Office Executive Engineer, Gang Nahar, Ofd Division-7, Command Area Development Program. Sri Ganganagar.
----Respondents
For Appellant(s) : Mr. Hemant Kumar Ballani
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/12/2022
The following substantial questions of law arise in the
present appeal:-
(1) Whether the appellate court was justified in relying upon the
documentary evidence corresponding to the period
subsequent to the stipulated period for completion of the
work?
(2 of 2) [CSA-144/2022]
(2) Whether the appellate court erred in not considering the
impact of the matters falling under Clauses 2 & 3 of the
agreement to be the matters accepted to Clause 23 of the
agreement?
Admit.
Issue notice.
Notices be filed in two sets. One set of notices be given
'dasti' to learned counsel for the appellant for service through
registered post, acknowledgement due. Notices be made
returnable on 07.02.2023.
Meanwhile, the effect and operation of the judgment and
decree dated 15.03.2022 shall remain stayed.
(REKHA BORANA),J 28-Sachin/-
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