INDICON WESTFALIA LIMITED Vs. YOGENDRA NATH TIWARY

JUDGEMENT

(1.) The judgment in Original Suit No. 7 of 2017 passed by the Commercial Court at Dhanbad has been challenged by M/s INDICON Westfalia Limited (in short, defendant-company) by filing the present commercial appeal under Sec. 13(1-A) of the Commercial Courts Act, 2015.

(2.) Original Suit No. 7 of 2017 was instituted for a money decree for Rs.1,77,39,940.96 including taxes and interest @ 12% per annum w.e.f 1/1/2014. In the suit the plaintiff has examined himself as PW1 and laid in evidence work order vide Exhibit-1, amended work order vide Exhibit-2 and running bills and letter dtd. 23/9/2013 to claim a money decree. Arindam Dutta who was the authorised signatory of the defendant- company was examined as DW1 and he has proved 20 documents including general and special conditions of contract, work order no.BW/KPO/002907/481/12-13/000681, original MOM dated 19 th September 2012 etc. to resist the money claim made by the plaintiff, and to support the counter-claim to the tune of Rs.31,19,727.00.

(3.) The plaintiff who is the respondent before us has pleaded that a work order dated 1 st November 2012 was issued for execution of civil foundation works in two mines at Katras and Keshargarh. The work order was amended vide order dtd. 6/5/2013 and the scope of the work was enlarged and extended to the mines at Katras, Keshargarh and Kusunda. The initial cost for the work order dtd. 1/11/2012 was Rs.1,37,00,000.00 which was enhanced to Rs.2,05,50,000.00 after the civil work for the 3 rd mine was included in the amendment order dated 6 th May 2013. According to the plaintiff, the running bills were raised but payment was made after deductions on various counts. The running bills contained details of the work executed and the same was supervised and verified by the agent of the defendant-company who put his endorsement to the effect that "measurement has been certified and found OK".