LAWS(SC)-2007-9-27

K R MOHAN REDDY Vs. NET WORK INC

Decided On September 26, 2007
K.R.MOHAN REDDY Appellant
V/S
NET WORK INC. REP. TR. M.D. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The parties entered into a partnership. The said partnership was reconstituted on 1.7.1994. Plaintiff -respondent contended that pursuant to the reconstituted partnership deed, the appellant had handed over certain works to the respondent-firm for its execution. It is also not in dispute that the appellant herein retired as a partner from the said Firm. However, it has been contended that despite his retirement, the appellant had requested the respondent to continue the work allotted in his name so as to protect his turnover and continuation of his registration as a special class contractor. Further, the case of the respondent was that the appellant was to hand over the payment which he is supposed to receive in lieu of the Khammam Project. According to it upon settlement of accounts of Khammam Project, an amount of Rs. 34,82,000/- was found due and payable by the appellant to the respondent Firm.

(3.) The contention of the respondent, on the other hand, is that in respect of construction of Minister's quarter at Hyderabad, the appellant had paid. Rs. 8,00,000/- and Rs. 5,25,316/-. It claimed that a sum of Rs. 8,03,350/- was owing to it by the appellant in respect of the Vijayawada work.