ABAD DIST PANCHAYAT Vs. MANUBHAI D PATEL

JUDGEMENT

(1.) This appeal has been filed by the appellant-original defendant being aggrieved by the judgment and decree dated 30-8-1990 passed in Civil Suit No.20 of 1983 by the learned City Civil Judge, Court No.8, Ahmedabad, whereby the defendant was ordered to pay Rs.23,553/- to the plaintiff with running interest @ 6% from the date of the suit till realisation.

(2.) The facts in short are that in pursuance of invitation of tender for construction of Shiawada Bahial Road Section No.1, Shiawada to Palundera mileage 3.42 to 7.92, Taluka Dehgam, the plaintiff submitted his tender. As his tender was found to be lowest, the word order was issued to the plaintiff on 27-10-1978 to be completed within 24 months. It was alleged by the plaintiff that although the work was completed as per the contract, when the final bill was prepared, an amount of Rs.23,553/- was deducted on account of earth work in cutting and embankment amountng to 8122 Cum. and the department wrongly deducted the earth work done in cutting in item No.2 from the earth work of embankment of item No.1. Even after several demands, since the department did not make payment, a notice was served on it. As the department did not make the payment even thereafter, a suit was filed to recover the amount.

(3.) In the written statement filed by the defendant resisting the suit at Ex.8, it was contended that the deduction in the price of cutting and embankment amounting to 8122 Cmt. was made as per the directions of the Government in view of the fact that the plaintiff did not carry out the work as per the specification and as per Schedule-B of the tender form.