M.N. FAROOQI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred by the plaintiff/appellant, under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 20.11.2002 passed in Civil Appeal No. 169 of 2001, whereby learned Additional District Judge/4th F.T.C Dehradun has partly set aside and modified the judgment and decree dated 21.08.2001 passed by the then Civil Judge (Senior Division), Dehradun in Original Suit No. 427 of 1996 titled as M.N.Farooqi vs. State of U.P. whereby plaintiff's suit was decreed against the defendants for Rs. two lacs along with the interest at the rate of 10 % per annum pendente lite and future. Brief facts of the case are that original plaintiff/appellant M.N.Farooqi instituted Original Suit No. 427 of 1996 for a decree for the recovery of Rs. 2 lacs in his favour along with interest at the rate of 2% per mensem pendente lite and future against the defendant/respondent State of Uttar Pradesh. It was averred in the plaint that he was carrying on a business of contractor in the name of M/S Ajanta Arts Service as its sole proprietor at Rishikesh, District Dehradun. The Executive Engineer (Establishment) Ex. En. U.P. Government Workshop, Roorkee issued a notice dated 03.08.1994 inviting tenders for the following works :

(2.) THE plaintiff deposited a sum of Rs. 16,000/ - as earnest money along with tender in respect of the aforesaid three works in the form of post office Savings Bank Account duly placed in favour of the Executive Engineer (Establishment), Roorkee. The period of execution of work in respect of lot No. 1 and lot No. 2 was 15 days each and in respect of lot No. 3 was one month. The Executive Engineer accepted the rates kept by the plaintiff/appellant in respect of lot No. 1 and the acceptance was communicated through letter dated 30.09.1994. The plaintiff/appellant was required to deposit Rs. 20,000/ - security money either in the form of Savings Certificate or Savings Bank Account duly pledged in favour of the Executive Engineer (Establishment). The plaintiff/appellant was further required to submit stamp papers worth Rs. 1950 for executing the work within a week. The Executive Engineer accepted the rates kept by the plaintiff /appellant in respect of lot No. 2 and communicated the acceptance through letter dated 30.09.1994. He directed the plaintiff to deposit Rs. 20,000/ - as a security money either in the form of Savings Certificate from post office or Saving Banks Account duly pledged in favour of Executive Engineer for a period of six months and to submit stamp papers of the value of Rs. 1950 for executing the agreement within a week. The plaintiff/appellant on receiving the letter informed the Ex. En. vide letter dated 06.10.1994 that the post office and banks were closed for the last four days due to imposition of curfew and in such circumstances, the Savings Certificate or Savings Bank Account could not be furnished. The plaintiff/appellant requested the Ex. En. to deduct the amount of the security money in respect of both the lots from the first ruing bill. Stamp papers up to the value Rs. 1950+1950 were submitted in the office of Ex. En. along with the tender letter dated 06.10.994.

(3.) PLAINTIFF / appellant sent a notice under Section 80 C.P.C. dated 28.01.1995 to the defendant/respondent saying that he is small scale entrepreneur and is entitled to recover the said amount along with interest at the rate of 2 % per mensem from 10.101.994 till the date of payment by way of interest as well as by way of damages.