NEWGEN SOFTWARE TECHNOLOGIES LTD Vs. CONTROLLER, ASMTS, GMCH

JUDGEMENT

(1.) The plaintiff has filed the present suit for recovery of Rs.3,11,06,700/- (Three Crore Eleven Lac Six Thousand Seven Hundred Only) against the defendant alongwith pendentelite interest and future interest from the date of institution to the date of realization.

(2.) Brief facts of the case are that the defendant had invited from the plaintiff submission of proposal for supply, integration and commissioning of Assam State Medical Transcription Services (ASMTS) with complete technical details along with Earnest Money Deposit (EMD) so as to finalize tenders etc. plaintiff in response thereto submitted its offer alongwith the EMD of Rs.230.42 lacs on 18th September, 2004. The same was acknowledged by the defendant vide letter dated 20th September, 2004 and 14th October, 2004. The defendant vide letter dated 1st December, 2004 confirmed the receipt of the proposal and conveyed acceptance thereof to the plaintiff. Particulars asked for by the defendant were supplied by the plaintiff vide letter dated 6th December, 2004.

(3.) Vide letter dated 20th January, 2005, the plaintiff was asked by the defendant to start the work by March, 2005. The plaintiff on 4th March, 2005 raised an invoice of Rs. 354.45 lacs being 10% of the Order value as mobilization advance, which was also approved by the defendant on 9th March, 2005. The defendant accorded sanction of Rs. 2.50 crores as ad hoc advance in favour of the plaintiff vide five cheques.