MORMUGAO MUNICIPAL COUNCIL Vs. V V P NAIR

JUDGEMENT

(1.) THIS appeal is directed against Judgment/decree dated 17-7-1999 of the learned Civil Judge, Senior Division, Vasco-da-Gama, by which the suit filed by the Respondent/plaintiff has been decreed in the sum of Rs. 1,80,000/with pending and future interest at the rate of 24% per annum.

(2.) THERE is no dispute that the Respondent/plaintiff was a labour contractor who pursuant to a tender published by the Appellants/defendants for removal of garbage and subsequent work order dated 15-1-1996, was allotted the work of removal of garbage from I. O. C. tank to St. Andrew Church and Railway Station to Bar Oasis in a vehicle belonging to Appellants/defendants and to be taken to their disposal yard. The said work order/agreement was for a period from 16-1-1996 to 15-4-1996. Claiming that the Plaintiff had carried out the said work in terms of the said agreement, for which the Plaintiff was not paid, the Plaintiff filed the said suit for recovery of the said amount with interest at the rate of 24%.

(3.) THE Appellants/defendants contested the suit on two grounds, namely, that the work of the Plaintiff was not satisfactory and the contract given to the Plaintiff was terminated by letter dated 18-3-1996. The learned trial Court framed several issues and the Appellants/defendants examined two witnesses in support of their defence but it appears that at the time when the suit came for final disposal the Defendants chose not to advance any oral or written arguments and as such the suit was decreed against the Defendants.