STATE OF BIHAR Vs. JITENDRA PRASAD SINGH

JUDGEMENT

(1.) HEARD Mrs. Nivedita Nirvikar, learned Government Pleader No.III on behalf of the appellant-State of Bihar. No one appears on behalf of plaintiff-respondent.

(2.) THE facts giving rise to the present appeal lie in a very narrow compass inasmuch as all that needs to be noticed is that plaintiff-respondent being a contractor was awarded certain work for which he had also entered into four agreements. It is also not in dispute that he had completed the work to the satisfaction of the appellant and its officials of the Road Construction Department and had claimed payment of the agreed amount under the four agreements being Rs.2,62,178/-. When such payment was not made to him despite a notice under Section 80 C.P.C., he, the plaintiff-respondent, had instituted the Money Suit No. 3 of 1993 claiming a decree of Rs.2,62,178/- with interest @ 12% per annum. THE Court below in the light of the evidence adduced by the parties having found that there was no dispute as with regard to execution of work allotted to the plaintiff-respondent, had come to a clear conclusion that the amount of Rs.2,62,178/- was payable to him and since the said amount was not paid in time, he was also entitled for interest @ 6% per annum.

(3.) THAT being so, this Court does not find any reason to interfere in the impugned judgment and consequential decree.