N RAJU REDDIAR Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE plaintiffs, who succeeded in part before the learned single Judge of this Court, are the appellants in the above appeal and the respondents in the memorandum of cross objections filed by the Tamil Nadu Electricity Board, who are the respondents in the appeal.

(2.) THE appellants filed the suit C.S. No.678 of 1982 on the file of the Original Side of this Court, for recovery of a sum of Rs.46,08,820 together with interest at 18% per annum from the date of institution of the suit till the date of realisation and for costs. THE respondents/ defendants invited tenders (Specification No.P.543) for transport of iron and steel materials including unloading, weighment and stocking from various stock-yards of the supplies to the destination stores of the respondents during the period 1.9.1978 to 31.8.1979. In pursuance of the said tender the 1st appellant submitted his tender form on 12.7. 1978 along with a letter dated 11.7. 1978 quoting the following rates: Rate per kilo metre per ton ----------------------------------- (a) 0 to 50 kms Rs.1.26 (b) 51 to 200 krns Rs.0.26 (c) 201 to 400 kms Rs.0.24 (d) 401 to 600 kms Rs.0.19 (e) Beyond 600 kms Rs.0.11 For hill areas, Rs.3.00 per kilo metre per metric ton.

(3.) THE 2nd respondent filed a written statement denying the allegations contained in the plaint. According to the respondents, the appellants are not entitled to claim on multi slab basis, that they are entitled only on single slab basis as contemplated by the Tamil Nadu Electricity Board and that the multi slab rates were not accepted and not covered by the agreement executed. THE Superintending Engineers have been passing the bills on single slab basis on the instructions from the headquarters office. In other words, according to the respondents, the payments have been made only on single slab basis and that the appellants having remained silent during the entire tenure of the contract period, had raised this issue only now in the suit. According to the respondents, as per their office records, a total quantity of 16,765,547 m.t. of iron and steel had been transported against the contract P.543. THE respondents would submit that number of other contracts have also been executed by other contractors on the basis of single slab and multi slab and that Specification P.543 is distinctly different from the specification of contract on multi slab basis, which he appellants had executed in the systems in working, form and contents. It is also their case that though the contract was awarded for a period from 1.9.1978 to 31.8.1979 the appellants had sent the bills after a long delay in July/ November, 1979, when major portion of the work was completed. THE appellants have also not delivered the materials correctly at destinations. THErefore, it is contended that the claim of the appellants for Rs.46,08,829 is not in accordance with the terms of the contract.