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The claim of the appellant is not acceptable as it is clear from the details given by him that the railway provided all the specification and drawing. The project was not conceived by him. It was not a project which was developed by the appellant. In fact it was a project for gauge conversion of existing railway line and a bridge was to be constructed on river Narmada for the purpose. The claim of the appellant it used highly technical skills and technical persons for executing the project is not material as for executing a contract which is highly technical such as construction of a bridge or railway line over the river, the contractor will definitely need the technical skills and experience. The appellant did not make any investment in the project. The appellant did not take any financial risk as it was being paid from time to time in accordance the progress of the work. The payment conditions were clearly defined in the contract agreement. It was provided that the appellant would be paid money at various stages and in accordance with the progress of construction. The performance security in the form of fixed deposit of bank given by the appellant is also normal guarantee of the quality of project given by any contractor.

The claim of the appellant is not acceptable as it is clear from the details given by him that the railway provided all the specification and drawing. The project was not conceived and developed by him. In fact it was a project for gauge conversion of existing railway line and a bridge was to be constructed on the river. The project was designed and conceived by the railways. The claim of the appellant that it used highly technical skills and technical persons for executing the project is not material as for executing a contract which is highly technical such as construction of a bridge or 'railway line over the river, the contractor will definitely need the technical skills and experience. The appellant did not make any investment in the project. The appellant did not take any financial risk as it was being paid from time to time in accordance the progress of the work. It was provided in the contract agreement that the appellant would be paid money at various stages and in accordance with the progress of construction. The performance security in the form of fixed deposit of bank given by the appellant is also normal guarantee of the quality of project given by any contractor.