BALWANT SINGH VIRDHEE Vs. ASHWANIT KUMAR

JUDGEMENT

(1.) This is a suit under Order XXXVI I Criminal Procedure Code for recovery of Rs. 8,10,000.00 with future interest 24% per annum from the date of institution of the suit till realisation.

(2.) The plaintiff is an Electrical Contractor, and undertakes electrical contracts on behalf of various Government and private companies. The defendant is also engaged in the business of undertaking electrical contracts.

(3.) The plaintiff was awarded the contract by the Central Public Works Department of the Govt. of India for providing floor lighting vide award letter dated 29/09/1994. The defendant approached the plaintiff for assigning of the contract in his favour. The Written Contract was entered between the plaintiff and defendant. As per agreement defendant agreed to execute the entire work on behalf of the plaintiff and also agreed to pay a sum of Rs.5,00,000.00 inclusive of security deposit. The defendant executed the said work and received a sum of Rs.14,54,558.00 from the CPWD. The defendant paid only a sum of Rs. 50,000.00 as against the agreed amount of Rs.5,00,000.00 thus leaving a balance of Rs.4,50,000.00 as the amount due to the plaintiff as per the written contract. The plaintiff made various 'demands to the defendant to pay the same but the defendant failed to pay the same. Hence this suit.