ASHOK MAGHARAM KULARIA Vs. COUNTRY CLUB INDIA LIMITED

JUDGEMENT

(1.) By this Summons for Judgment, the Plaintiff seeks that judgment be entered for the Plaintiff in this suit against the Defendant for a sum of Rs. 1,53,08,942.32 and further future interest on the principal sum of Rs.1,53,08,942.32. The suit is based on the written contract annexed at Ex. 'E' to the plaint.

(2.) In the month of August 2007, the Defendant approached the Plaintiff for the construction of interior, air conditioner, electrical and certain minor exterior works at the Defendant's property at Kovalam, known as 'Treasure Cove' situated at Trivandrum. The Defendant appointed its architects M/s. Niteen Parulekar Architects Pvt. Ltd. who provided the scope of work, drawings and specifications to the Plaintiff. On 21 st August, 2007, the Plaintiff submitted its first quotation to the Defendant. The Defendant appointed a structural consultant for the purposes of advising and opining as to various structural works. The Defendant forwarded report/note of the consultant to the Plaintiff.

(3.) On 11 th September, 2007 the Plaintiff submitted revised bill of quantities to the Defendant. On 12 th September, 2007 the Plaintiff submitted revised quotation to the Defendant. On 7 th October, 2007 the Plaintiff submitted final bill of quantities (BOQ). On 12 th September, 2007 Letter of Intent was issued by the Defendant. On 14 th December, 2007 Plaintiff submitted final bill of quantities to the Defendant. On 18 th February, 2008, the Defendant issued work order in favour of the Plaintiff. The said work order was valued at Rs. 8 Crores excluding Kerala Entry Tax. Clause (1) of the said Work Order provided for the total project cost of Rs.Eight Crores (Rs. Six Crores for interior work and Rs.Two Crores for exterior work) as per final BOQ and confirmatory letter of the Plaintiff dated 14 th December, 2007 on turkey basis. Clause (3) provided that the payment shall be made, on a periodic basis on submission of invoice approved and certified by the architect. Clause (5) provided that any item not executed or being directly purchased by the club shall be deducted from the bill. Clause (11) provided that the contractor to indemnify the client from the damages, loss of life, accidents caused by him or his work. Clause (12) provided that the rates are all inclusive and nothing extra shall be paid on any account whatsoever.