ROYAL CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant who is the original plaintiff filed Civil Suit No. 4065 of 1990 to recover an amount of Rs.65,67,463.00 with interest at the rate of 18% per annum on the ground that the respondent has failed to make payment according to the special conditions of contract for giving 425% above the SOR (Schedule of Rates) for the work done by the appellant.

(2.) THE case of the appellant in the plaint is to the effect that the appellant was awarded work contract of construction of Major Bridge No.393 near Kothara. Agreement for the work was executed on 24.1.1986 and after the appellant completed the work, payment under the final bill was made to the appellant on 10.10.1998 which the appellant accepted under protest. It is further averred in the plaint that under clause 29 of the contract which was special condition, the appellant was entitled to the payment at 425% above the SOR for the work executed by the appellant for all the items under the contract. Since no payment was made even after the statutory notice, the appellant filed the above said suit for the recovery of the above stated amount.

(3.) THE trial Court framed following issues and answered as under: Issues:-