P.MAHALINGAM CIVIL ENGINEERING CONTRACTOR Vs. SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT BUILDING

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant before this Court, challenging the Judgment and Decree passed by the III Additional City Civil Judge, Chennai in O.S.No.8999 of 2010. The parties for the ease of understanding are referred to in the same litigative status as before the Trial Court.

(2.) The facts in brief which are necessary for considering the dispute on hand is herein below extracted. Plaintiff's Case:

(3.) The plaintiff has filed this suit for recovery of a sum of Rs.23,44,879.00 together with the interest at 12% per annum from the date of the plaint till the date of realization. It is the case of the plaintiff that he had been awarded the contract for constructing a new emergency operation theater for the ante natal ward at the Government Women and Children Hospital (IOG) Egmore. The value of the contract was a sum of Rs.1,57,24,982.00 and the contractor was given nine months time for completing the work and handing over the site. The agreement dtd. 27/1/2004 was entered into between the parties encapsulating the terms of the agreement. In compliance with the terms of the agreement, the plaintiff had deposited a sum of Rs.5,98,000.00 towards the Earnest Money Deposit (EMD) and Security Deposit (SD). The site was handed over on 10/3/2004 and therefore as per the terms of the agreement the plaintiff was to complete the construction on or before 9/12/2004.