SAHEBRAO S/O GAJMAL PATIL Vs. MUNICIPAL COUNCIL, PACHORA, THROUGH ITS CHIEF OFFICER, MUNICIPAL COUNCIL, PACHORA, TQ, PACHORA, DIST JALGAON

JUDGEMENT

(1.) Entitlement and manner of granting interest for the period prior to the date of filing of the suit, pendente lite and future is the point at issue in the present appeal.

(2.) The appellant has filed the present appeal against the judgment and decree passed in Regular Civil Appeal No. 966 of 2012 by learned District Judge3, Jalgaon on 03.04.2017. The aforesaid appeal was preferred by respondent municipal council against the judgment and decree dated 31.03.2008 passed in Special Civil Suit No. 371 of 1995 by Civil Judge Senior Division, Jalgaon.

(3.) The respondentmunicipal council had alloted construction work of a commercial complex having 36 tenaments therein to the appellant. The tender was published in that regard and the tender submitted by the appellant was accepted by the respondent. It was the case of the appellant in the civil suit filed by him that though, he successfully completed the construction work, the respondent did not pay his final bill amount of Rs. 1,33,688/- and also did not return the amount of security deposit to the tune of Rs. 1,10,000/- to him. It was the further contention of the appellant that even after several demands when, the respondent did not pay the aforesaid amounts, he was constrained to issue notice to the respondent demanding the aforesaid amount and since, the respondent did not pay the amount as demanded by him, he was constrained to file a suit for recovery of the said amount against the respondent.