DEEPAM CONSTRUCTIONS MECHANISED ROAD LAYING SPECIALISTS CONTRACTORS, REPRESENTED BY ITS MANAGING PARTNER, K V SEKARAN Vs. GOVERNMENT OF TAMIL NADU, HIGHWAYS DEPARTMENT, REPRESENTED BY SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The Plaintiff, Deepam Constructions, Mechanised Road Laying Specialists Contractors represented by its Managing Partner K.V.Sekaran had filed this suit in C.S. No.644 of 2010 against the Government of Tamil Nadu, Highways Department represented by the Superintending Engineer, Highways, Chennai Circle, seeking a Judgment and Decree for payment for a sum of Rs. 4,98,81,821/-together with interest at 18% per annum on the Principal sum of Rs. 4,14,30,084/-from the date of suit till the date of realisation and for costs of the suit.

(2.) The plaintiff is in the business of undertaking contracts for laying of roads, construction of Bridges, Culverts and other allied Civil works. They are a Class-I contractor in the Highways Department, in the State of Tamil Nadu and have executed several Government works for Highways and other roads.

(3.) The defendant had invited Tenders for 11 works including work of "Widening and Improving Kallakurichi - Thiruvannamalai road K.M.41/3 to 63/6" by tender notice No.8/2005-2006 HDO dated 02.05.2005 with prequalification and bid invitation. The plaintiff had requested the defendant to issue Tender schedules for item Nos.2, 3, 6, 7, 8, 9 and 10 covered under the above tender notice. They enclosed a pay order for Rs. 30,000/- and Rs. 3,900/-as the cost of tender schedules. However, the Divisional Engineer (H), Tiruvannamalai, did not issue the tender schedules. Consequently, the plaintiff filed W.P. No.18329 of 2005, seeking tender schedules to be issued to them. Another contractor also filed W.P. No.18330 of 2005. Both the writ petitions were heard together and by order dated 31.05.2005 this Court had directed the defendant to furnish tender schedules. Thereafter, the tender schedules were issued to the plaintiff. The plaintiff participated in the tender on 26.06.2005 and submitted tender for the work of "Widening and Improving Kallakurichi - Tiruvannamalai Road K.M.41/3 to 63/6."