VIMAL TELEKRTONIX PRIVATE LTD. Vs. TATA TELECOM LTD.

JUDGEMENT

(1.) THE appellant was the plaintiff. The respondent was the defendant. Case pleaded by the appellant was that its Director Vimal Gupta had been authorized by the Board of Directors vide resolution dated June 02, 2006 (Ex.PW -1/2) to institute the suit and sign and verify the pleadings. The respondent awarded a contract to the appellant vide order No. 1/D/B0990521 and order No. 1/D/SC 990522 to execute the works listed in the two orders, which were carried out by the appellant to the satisfaction of the respondent and while making payment the respondent unilaterally deducted Rs. 49,485/ -. Certain extra items supplied by the appellant were agreed to be reimbursed at a meeting held on September 21, 2001 in sum of Rs. 41,800/ -. For extra work executed by the appellant to remove kinks from the ducks laid by L&T the appellant was entitled to a sum of Rs. 21,01,500/ -. Some extra works were executed for which Rs. 1,14,790/ - was payable. Claiming pre -suit interest in sum of Rs. 8,36,505/ -, decree prayed for was in sum of Rs. 31,44,080/ -, being the total of : Rs. 21,01,500/ - + Rs. 49,485/ - + Rs. 41,800/ - + Rs. 1,14,790/ - + Rs. 8,36,505/ -. Pendente lite and future interest was claimed @ 15% per annum.

(2.) IN the written statement filed it was denied that any amount was payable as claimed in the plaint. Authority of Sh.Vimal Gupta to institute the suit, sign and verify the pleadings was denied. It was pleaded that the suit was barred by limitation. On the pleadings of the parties following issues were settled vide order dated March 21, 2006: -

(3.) IN view of the evidence led, the learned Single Judge has held that the appellant has proved the entitlement to Rs. 49,485/ - and Rs. 41,800/ -. It has been held that the appellant has not been able to prove that it was entitled to Rs. 1,14,790/ - as also Rs. 21,01,500/ -. But no decree has been passed in favour of the appellant because issue No. 1 has been decided against the appellant, and the reason is the language of the Board Resolution dated June 02, 2002 proved as Ex.PW -1/2.