STATE OF ORISSA Vs. BALARAM DAS

JUDGEMENT

(1.) This appeal has been filed against the Judgment & decree dated 18.8.1998 & 31.8.1998 respectively. The State & its authorities, who were Defendants in Money Suit No. 384 of 1974, are the Appellants. The Plaintiff-Respondent filed the suit for recovery of a sum of Rs. 4,20,478.74 paise. It was the case of the Plaintiff -Respondent that as desired by the Appellant No. 4- Executive Engineer, Public Health Circle, Cuttack, he submitted quotation for the contract work with regard to sheet piling work of Cuttack Sewerage scheme. He also submitted quotation for labour charges on 10.8.1962 & 1.11.1962 respectively. Thereafter, there were various correspondences between the Plaintiff- Respondent & the Appellant No. 4. By letter dated 2.3.1963, the Appellant No. 4 intimated the Plaintiff-Respondent to start the contract work immediately & the Plaintiff -Respondent started execution of the said work after executing an agreement in K-2 Form. The work executed by the Plaintiff-Respondent was inspected & measured, which were reflected In the Measurement Books. The further case of the Plaintiff-Respondent is that as the rate was not finalized, agreement in F-2 Form could not be executed for the said work & he was only paid a sum of Rs. 56,951.91 paise. Several discussions took place thereafter with regard to finalization of the amount to be paid to the Plaintiff-Respondent. As nothing was done, a representation was made by the Plaintiff-Respondent to the Government on 16.7.1970 upon which a report was called for. Ultimately, as the Government did not agree for any extra payment & the account of the Plaintiff-Respondent was not settled, he filed the suit.

(2.) In the written statement, the Defendants- Appellants denied the allegations made in the plaint & while pleading that the suit is not maintainable, claimed for dismissal of the suit. After trial of the suit, the Learned Trial Court dismissed the suit by judgment dated 15.1.1977, The Plaintiff-Respondent preferred F.A. No. 339 of 1977 before this Court. This Court disposed of the said appeal on 12.5.1993 remitting the matter back to the Court below with the following observation:

(3.) Though several contentions were raised on behalf of the Appellants, but as this Court, during the course of hearing negatived the same, Learned Counsel for the Appellants raised a question with regard to payment of 11% pendente lite & future interest from the date of filing of the suit as has been directed in the Judgment & decree. It was contended by Mr. G. Mishra, Learned Counsel for the State that the suit having been originally dismissed & this Court in the First Appeal preferred by the Plaintiff-Respondent having remitted the matter back by Order Dated 12.5.1993, pendente lite interest, if any, should have been directed to be paid from 12.5.1993 & not from the date of institution of the suit.