STATE OF GOA, THROUGH THE SECRETARY (IWT), GOVERNMENT OF GOA, HAVING OFFICE AT SECRETARIAT, PANAJI-GOA, Vs. SHRI AMARDEEP G. MADKAIKAR, MAJOR, MARRIED, INDIAN NATIONAL, SELF-EMPLOYED, R/O. H.NO.8, NEAR NAVADURGA TEMPLE, MADKAIM, PONDA, GOA

JUDGEMENT

(1.) HEARD Shri D. Lawande, the learned Government Advocate appearing for the appellants and Shri S. Shet, the learned Counsel appearing for the respondent. The above appeal challenges the judgment and decree passed by the learned Additional District Judge, Panaji in Civil Suit No.315/2004, whereby the suit filed by the respondent was partly decreed and the appellants were directed to pay a sum of Rs.1,66,101/ -with interest thereon at the rate of 18% p.a. from 25/10/2002 to be calculated on quarterly rest, besides a further sum of Rs.20,000/ - as compensation.

(2.) BRIEFLY , the facts of the case are that the respondent quoted for a tender of Ferry Toll collections invited by the appellant no.3. It is further the case of the respondent that he was declared as a successful bidder and was called upon to complete requisite formalities. In accordance with the terms of the said tender the respondent had deposited earnest money of Rs.4,000/ -and thereafter paid a sum of Rs.1,66,101/ -as security deposit as per the directions of the appellants. The respondent was also called upon to complete the formalities of executing the agreement and, as such, the respondent had signed such agreement. But however, the respondent abruptly terminated the agreement without giving any valid reasons and on account of such action according to respondent he had suffered heavy losses and, consequently, sought for the refund of Rs.1,66,101/ -with interest plus compensation of the sum of Rs.2,22,900/ -.

(3.) THE learned Judge after framing the issues and recording of evidence by the impugned judgment and decree dated 27/04/2006 partly decreed the suit in the manner stated herein above. Being aggrieved by the said judgment and decree the appellants have preferred the present appeal.