CHIEF ELECTION OFFICER Vs. GANGASHRI COMPUTERS

JUDGEMENT

(1.) THIS appeal has been filed under Section 96 of the Code of Civil procedure, 1908 against the judgment and decree dated 08.04,2009 passed by learned 8th Additional District Judge (FTC), Bilaspur, in Civil Suit No, 02-B/08, whereby suit of the respondent/plaintiff for recovery alongwith interest and cost has been decreed.

(2.) THE facts, in brief, of the case are that the respondent/plaintiff is running a computer institute at Link Road, Tarbahar, Bilaspur. In response to the Notice inviting Tender dated 06.09.2002 issued by appellant/defendant No. 1 for printing of computerized electoral rolls, the respondent/plaintiff had submitted its tender, which was accepted after due negotiation on 27.09.2002 and work order dated 27.09.2002 was issued in respondent/plaintff's favour by appellant/defendant No. 1. As per terms and conditions of the ' tender, the tender work was to be completed by 05.04.2003, failing which penalty @ Rs. 1000/- per day for each constituency was to be levied and deducted either from the security deposit or from the amount payable to the tenderer. However, subsequently, the said stipulated date was extended up to 05.05.2003. The respondent/plaintiff was to do the computerization and printing of electoral rolls of Marvahi, Kota, Losmi, Mungeli, orhagaon, Iakhatpur, Bilaspur, Masturi, Seepat constituencies. After completing the tender work, the respondent/plaintiff submitted his bill amounting to Rs. 20,92,048/- on 05.02.2004 in the office of appellant/defendant No.2 for payment, which was reduced and modified by the office of appellant/ defendant No. 2 to the extent of Rs. 20,04,456/- and the same was accepted by the respondent/plaintiff. The said bill was forwarded to the office of appellant/defendant No. 1 for payment. However, appellant/defendant No. 1 made payment of Rs. 9 lacs against the said bill and the remaining amount of Rs. 11,04,456/- remained unpaid. The appellant/defendant No. 1 vide its letter dated 27-28/09/2005 informed the respondent/plaintiff that as he did not complete the tender work by the stipulated date, therefore, as per terms of the tender, a sum of Rs. 10,03,000/- has been deducted as penalty and the remaining amount of Rs. 97,357/- shall be paid soon.

(3.) THE respondent/plaintiff had sent a notice under Section 80 of CPC to the appellants/defendants through his Advocate Shri R. D. Rai on 21.03.2006 for payment of the remaining amount after deducting only Rs. 6000/- as penalty for delay of six days, but the said notice was not replied to. The appellants/defendants No. 2 & 3 on 27.06.2006 made a false reply through their Govt. Advocate and did not pay the amount of the bill. Thus, with the aforesaid averments, the respondent/plaintiff filed a civil suit for recovery of Rs. 14,82,916/- alongwith interest and cost.