P JANAKIRAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiff has filed the suit on the following plaint averments:-

(2.) THE suit is resisted by the defendant with the averments found in the written statement, which are as follows:

(3.) THE plaintiff got the work contract for widening and strengthening of the road branching from K.M.11/8 of Sadras - Chengalpattu - Kancheepuram - Arakkonam - Thirutani Road to Pudupattinam (via) Vitalapuram K.M.0/0 - 17/0 as he happened to be the successful bidder having quoted a sum of Rs.4,38,53,328/-, which was 6.90% above the estimated cost and the said amount was to be paid to him for the said work. Pursuant to the acceptance of the tender submitted by the plaintiff, an agreement was signed by the plaintiff and the Superintending Engineer (Highways), Chennai-6 on behalf of the State of Tamil Nadu, on 27.08.2003. As per the clauses of the contract, the work should be commenced on 27.08.2003 and the period for completion of the work was agreed as 15 months. Hence the work ought to have been completed on or before 26.11.2004. But due to some reasons, the work could be completed only by 04.04.2005, with a delay of a little above four months. After such completion, the preparation of the final bill and payment of the amount was delayed for about five years and it was paid only on 15.03.2010. Claiming additional payment for alleged new works executed by the plaintiff and escalation charges for the delay caused in executing the work and also interest for the delayed payment, the plaintiff received the final bill payment on 15.03.2010 under protest. Similarly, interest was claimed for the retention amount retained by the defendant as security for rectification of defects found within a period, as the said amount was also paid with a delay on 30.03.2010. Since the plaintiff's claim for such additional payment and interest was turned down by the defendant, plaintiff has approached this court by filing the present suit claiming a total sum of Rs.1,97,61,768/-.