MUNICIPAL COUNCIL, SABALGARH Vs. ASHOK KUMAR SINGHAL

JUDGEMENT

(1.) This First Appeal under Section 96 of Civil Procedure Code, has been filed against the judgment and decree dated 19-1-2000 passed by Additional District Judge, Sabalgarh, Distt. Morena in Civil Suit No.6- B/1998, by which the suit filed by the respondent has been decreed and a money decree of Rs.2,54,200/- with 6% interest, till the amount is paid, has been granted.

(2.) This Court, by order dated 8-3-2018, at the request of the Counsel for the appellant, had adjourned the case, subject to payment of cost of Rs.10,000/-. It is submitted by the Counsel for the appellant, that the cost of Rs.10,000/- has been deposited in the Account of Legal Services Authority. There is no reason to disbelieve the statement made by the Counsel for the appellant. Therefore, the appeal is heard on merits.

(3.) The necessary facts for the disposal of the present appeal in short are that the respondent filed a suit for recovery of Rs.2,54,200.57 on the ground that the respondent is a registered contractor. The appellant had issued a Tender for construction of drain between Cremation ground, Rampur Road to Kharnala. The respondent also submitted his tender. The tender submitted by the respondent was accepted, as the same was the lowest one. The security amount of Rs.7,000/- as demanded by the appellant was also deposited by the respondent on 4-10-1995. On 13-10-1995, the respondent was informed by the appellant with regard to acceptance of his tender and was asked to execute an agreement within a period of three days. Accordingly, an agreement was executed and on 18-10-1995, the work order was also issued. As per the work order, the work was to be completed within a period of two months, and the respondent after obtaining layout from the Sub-Engineer, executed the work under the supervision and guidance of the employees of the Municipality. After the completion of work, the respondent submitted the bill of Rs.2,54,200.57/-, however, the appellant has not paid the said amount. Accordingly, a notice was sent to the appellant through his counsel on 22-7-1997, which was received by the appellant on 23-7-1997 and in the reply dated 16-10-1997, it was accepted by the Municipality that the work has been done, however, did not dispute the outstanding amount. However, not a single penny has been paid so far. Accordingly, the suit for recovery of Rs.2,54,200.57/- was filed by the respondent.