K. GOPALAKRISHNA PILLAI, P.W.D. CONTRACTOR Vs. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) The Unsuccessful plaintiff in a suit for recovery of money is the appellant. The claim for money is made under the head of interest towards delay payment for the contract work entered into by the plaintiff with the defendants.

(2.) The Plaintiff is a contractor. He was the successful tenderer in respect of three works for the defendants. Pursuant to the contracts, the works were carried out. In respect of two contracts the final bill was submitted on 13.01.2000. The defendant failed to pay the amount. Finally, the plaintiff approached this court in O.P. 5068/2000. This court directed payment of the admitted bills within three months with a rider, that in case of default, the plaintiff will be entitled for interest at the rate of 12% from the date of submission of bills. The judgment was not compiled with and the plaintiff was constrained to file contempt petition as CC 809/2000. Pending the contempt case, the defendants filed W.A. 2554/2000 against the judgment in the original petition. Pending the writ appeal, the bill amounts were paid. On 05.04.2002, the writ appeal was disposed of leaving open the right of the plaintiff to approach the civil for recovery of interest. It is accordingly, the suit, is filed claiming interest on the delayed payment, at 12% from the date of submission of the bills til the date of payment.

(3.) The trial court dismissed the suit finding against the entitlement of the plaintiff for interest and also on the ground of limitation. The same is assailed in this appeal.