VIKRAM CONSTRUCTIONS Vs. ANUSTUP CO-OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) While assailing the judgment of the High Court, the appellant tried to interpret of provisions of law enunciated in a plethora of judgments rendered by this Court concerning an issue raised in the instant appeal.

(2.) Before we proceed to deal with the points urged by the appellant, it would be profitable to narrate the salient facts involved in the instant litigation which are more or less undisputed.

(3.) The appellant is a partnership firm and is engaged in the business of construction in the housing sector. The respondent is a housing society registered under the West Bengal Housing Society Cooperative Act and purchased the land from the West Bengal Housing Infrastructure Development Corporation for setting up the housing society with an intent to provide the residential units to each of its members. An agreement was entered into on 25/1/2017 between the appellant and the respondent for construction of the housing complex to cater the residential need of the members of the housing cooperative society on a consideration as mentioned therein. Upon completion of the construction the dispute arose in relation thereto and certain RA Bills which were submitted by the appellant remained unpaid. The suit was instituted for recovery of the said amount together with an interest and the damages which the appellant allegedly suffered because of the non-payment of the dues.