MS. GREEN VALLEY INDUSTRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. U. Chakraborty, the learned counsel for the appellants as well as Mr. SP Choudhury, the learned Govt. Advocate appearing for the respondents.

(2.) This appeal under section 96 r/w Order 41, Rule 12 is filed against the judgment and decree dated 26.08.2011 passed by the learned Civil Judge No. 1, Kamrup, Guwahati, in Money Suit No. 77/2008.

(3.) The facts in the suit is brief. The appellant is the plaintiff in the suit. The appellant is a partnership firm carrying on business as small scale industry. The said industry is registered under No. 02/03/01250/DNT SSI having its office at main road at Tezpur. The respondent No. 2 i.e. the Chief Engineer, PWD (Roads), Guwahati entered into a contract with the plaintiff on 29.02.1996 for supply of RCC pipes, Class NP-2NP-3 for construction of road at Kokrajhar. The plaintiff agreed to the terms and condition of proposal dated 11.01996. Thereafter, the respondent No. 2 issued a formal work order on 02.08.1996 for supply of materials at the work site. In this regard pursuant to a tender process, a Contract Agreement bearing No. 341CE (Roads) 1995-96 was executed by and between the respondent No. 2 and the plaintiff. For the billed amount against the supply, the respondent No. 2 paid a sum of Rs. 6,79,000.00 to the plaintiff and there remained an outstanding balance of Rs. 7,70,233.00 as the principal sum due. As no payment was forthcoming, the petitioner filed W.P.(C) No. 5670/2000 before this Court for realizing their dues with statutory interest up to 31.02000 and thereafter as per the Act.