STATE OF ANDHRA PRADESH Vs. P LAKSHMU REDDY

JUDGEMENT

(1.) THE Civil Revision Petition and the Civil Miscellaneous Appeal arise out of a common Judgment in Original Suit No. 174 of 1990 and Original Petition No. 75 of 1990 on the file of Sub-ordinate Judge's Court Tirupati.

(2.) THE suit was filed for recovery of Rs. 8,43,049.93 ps. together with interest at 18% p.a. and the same was decreed for a sum of Rs. 7,50,841.00 with interest at 6% p.a., Challenging the said decree, the Department filed Civil Revision Petition.

(3.) THE respondent Contractor hereinafter referred to as "the Contractor", entered into an agreement No. 41/SE/83-84 dated 9/03/1984 to close the breaches and for reconstruction of Kothalakona in Kalroadpalli village, Chandragiri Taluk, Chittoor District. Originally, the value of the contract as per the agreement dated 9/03/1984 is Rs. 1,67,742.00. According to the contractor, the site was handed over to him on 13/04/1984, while the Department maintains that the site was handed over on 1/03/1985. THE Chief Engineer inspected the site on 1/06/1984. Afterwards, in December, 1984, revised design was approved and accordingly, estimates were also revised. As per the revised estimate, the cost of the work is increased by Rs. 2,41,340.00 in addition to the original contract being Rs. 1,67,742.00 and thus making up to Rs. 4,09,082.00 in all. A supplemental agreement was also entered into on 31/01/1985. It appears that by January, 1986, the work was completed and final bill was also paid by May, 1986.