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1996 (4) TMI 445 - SC - Indian LawsWhether the conduct of some of Superintending Engineers in passing some of the bills on multi slab basis can be pleaded as an estopped against the defendants and can form the basis of plaintiffs' case? Held that:- Appeal allowed. The answer to this question must be in the negative. A particular officer for various reasons may pass a bill on multi slab basis or a contractor may be able to get one of his bills passed at a rate other than the rate given in written contract in connivance with the passing authority. But when a dispute arises and the matter comes to court for adjudication no decree can be granted to the plaintiffs on that basis and the plaintiffs would be required to establish that the defendants in written contract agreed to grant the rate on multi slab basis. That has not been established in the case in hand. Therefore Division Bench of the High Court wholly erred in law in allowing the plaintiffs' appeal and granting the decree accepting plaintiffs' claim that the rate has to be paid on multi slab basis.
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