Law:

Section:

Constitution of Pakistan (1973) Art. 185(3) High Court not giving any credit for security deposit furnished by -Petitioner at time of acceptance of tender admitted to be an omission due to such fact not being pointed out at appropriate timeAmount. if in fact deposited in respect of contract, held, could be adjusted against decretal amount and entered as part satisfaction in execution proceedingsNo need, however, to grant leave to appeal in matter. JUDGMENT HAMOODUR RAHMAN, C. J. This is a petition for special leave to appeal from the judgment of a Division Bench of the Sind Baluchistan High Court in a Letters Patent Appeal. The said appeal arose out of a suit filed by the -Respondent, Government of Pakistan, against the -Petitioner for the recovery of damages on account of a breach of a contract between the -Petitioner and the said Government through the Director of Works, Air Headquarters, for the construction of a wing at Maripur, Karachi. The -Petitioner, it appears, had submitted a tender for a lump sum amount of Rs.3,77.21080. This was accepted on the 8th February 1957 being the lowest tender but then a dispute arose relating to the percentage of increase above scheduled rates. The -Petitioner claimed that this increase was 150 % whereas the Government claims that the contract was on the basis that the increase would be only 50 %. As this dispute could not be resolved, the Government cancelled the contract in accordance with the terms governing the contract which reads as follows : "Whenever the Accepting Officer exercises his authority to cancel the contract under this condition, he may complete the works by any means at the Contractor's risk and expense. The Contractor shall be entitled to receive payment for work performed, in the contract value…

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