SETHI CONSTRUCTION COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is civil first appeal filed by the appellant-plaintiff against the judgment and decree dated 18/9/1991 passed by Additional District Judge No.2, Kota in Civil Suit No.20/1983 whereby plaintiff's suit claiming Rs.42,100/- with interest was partly decreed to the tune of Rs.27022.95 with interest and his rest of the claim was rejected.

(2.) THE plaintiff is the registered contractor of the defendant department and the controversy involved in the present matter is in regard to non-payment and deductions made by the defendant under various heads which according to the plaintiff ought not to have been made as per BSR, 1972, whereas according to the defendant the amount has been paid to the plaintiff as per his work and one another issue in the matter is of interest on account of late payment by the defendant to the plaintiff.

(3.) SO far interest part is concerned, it is not disputed that plaintiff served a noticed upon the defendants on 13/1/1981 demanding payment of security deposit as well as other amount due upon the defendants in connection to this contract and it has been specifically averred that if defendants fail to make the payment within a period of two months then plaintiff would be entitled to interest thereupon @ 9% per annum. It reveals from the impugned judgment that within the stipulated period the security amount has been paid. Therefore, in view of the above discussion, I do not find any merit in this appeal.