URBAN IMPROVEMENT TRUST Vs. CHANDWAD BROTHERS

JUDGEMENT

(1.) The present appeal is directed against an order and judgment dtd. 5/7/2023 passed by the learned Commercial Court, whereby the money recovery suit filed by the respondent for a sum of Rs.15,98,206.00 was partly allowed and the appellant was directed to pay a sum of Rs.79,444.00 along with interest @ 9% per annum.

(2.) Relevant facts of the case are that the respondent-contractor, through its authorized representative, instituted Civil Suit No. 96/2021 on 22/3/2021 before the learned Commercial Court, Ajmer, seeking recovery of Rs.15,98,206.00 along with interest against the appellant, which was subsequently transferred to the learned Commercial Court, Bhilwara on 11/8/2021 upon its constitution. The suit arose out of Tender No. 01/15-2018-2019 issued by the appellant for construction of a boundary wall/plinth wall/park on reserved land near Khasra No. 581, Patel Nagar, Village Aatoon. The respondent's bid, being 10.76% below the minimum G Schedule, was accepted for Rs.87,90,186.00 and a work order dtd. 26/6/2018 was issued, stipulating commencement from 6/7/2018 and completion within ten months i.e. by 5/5/2019.

(3.) Hence, the instant appeal.