STATE OF GUJARAT Vs. AMTHABHAI T PATEL

JUDGEMENT

(1.) THIS appeal is at the instance of the original defendants against whom the respondent- original plaintiff filed Special Civil Suit No.94 of 2003, for recovery of Rs.1,72,209/-.

(2.) CASE of the plaintiff is that the plaintiff supplied building material between 31.3.1999 to 20.7.1999 for Capital Project Sub Division Nos.2 and 3 as per the instructions of the Deputy Executive Engineer. Bills, amounting to Rs.1,36,658/-, for the said supply were sent by the plaintiff which were approved by defendant No.1, but defendants refused to give the amount of bills and gave evasive reply. Therefore, the plaintiff was required to send legal notice, still the defendants did not pay up the amount under the bills. The plaintiff, therefore, became entitled to the said amount with interest for the period from 30.7.1999 to 30.9.2003. Plaintiff thus claimed Rs.1,72,209/- in the suit to be recovered from the defendants.

(3.) PLAINTIFF , therefore, filed appeal before the first Appellate Court, being Regular Civil Appeal No.38 of 2007. Learned Appellate Judge on appreciation of the evidence found that the defendants had already made entries in respect of the materials received from the plaintiff and the bills of the plaintiff were also accepted. Learned Appellate Judge further came to the conclusion that the suit of the plaintiff could not be thrown away on technical plea of limitation and considered the suit of the plaintiff within limitation. Learned Appellate Judge also took note of the pending vigilance inquiry as regards supply of the building materials by the plaintiff and in other cases and ultimately, found that such pending vigilance inquiry could not take away the entitlement of the plaintiff in getting his due amount. Learned Appellate Judge thus allowed the appeal and quashed and set aside the judgment of the learned Trial Judge and partly allowed the suit and declared the plaintiff entitled to recover Rs.60,118/- with interest at the rate of 12% per annum from 20.7.1999 till realization from the defendants. It is this judgment and decree of the first Appellate Court which is under challenge before this Court in this appeal.