BAKSHISH ENTERPRISES Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned counsel for the petitioners as well as Mr. B.D. Goswami, learned Additional Advocate General, State of Assam.

(2.) The present petitioners as plaintiff filed a suit being Title Suit No. 416/2013 for a declaration and realization of money. The declaration was to the effect that the plaintiffs have completed a work contracts pursuant to work orders dated in respect of 9/1/2009, 12/1/2009, 28/8/2009 and there is no balance work left. A further declaration was that the letter dtd. 6/2/2010 relating to work order dtd. 12/1/2009, cancellation of work order against the plaintiff, if any cancelling work orders dtd. 9/1/2009 and 28/5/2009, are illegal, null and void and not binding upon the plaintiffs.

(3.) The defendants took a stand that the plaintiff did not complete the work and the plaintiff has already been paid its due for the part of work, which has been executed by it. It was also a stand of the defendants that the plaintiffs executed only a portion of the works allotted to them and they did not resume the work in spite of several requests and issuing several notices and the balance work has been withdrawn and the same was completed by the defendants engaging other contractor at a higher rate considering the urgency of the work in question.