KAMAL CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE subject suit has been filed by the plaintiff/contractor claiming a principal amount of Rs. 18,77,866 plus interest of Rs.8,22,658.00 totalling to Rs. 26,90,524.00, under different heads with respect to work done by it, for the defendant no.1/DDA. The work done by the plaintiff for the defendant no.1 was construction of 193 SFS House at Gazipur, SH: Construction of 101 SFS Houses on site No.2 (69 Category II and 32 Category III) including Shops Int. W/S S/I & Internal Development. The agreement entered into between the parties in this regard is numbered as 14-EE/ED-8/DDA/1993-94.

(2.) THE plaintiff claims that the entire work was completed to the satisfaction of the defendants on 2.7.1996 as per the completion certificate recorded by the defendants. Defendant no.2 is the Executive Engineer of defendant no.1/DDA. The plaintiff has further pleaded in the plaint that in the present case, the defendant no.1 as per practice was preparing the running final bills and maintaining all measurement books and records. The break-up of the principal amount of Rs. 18,77,866.00 is given in para 16 of the plaint, and the same reads as under:-

(3.) FOLLOWING issues were framed in this suit on 29.10.2001 which read as under:-