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2001 Supreme(SC) 572

V.N.KHARE, S.N.VARIAVA
State Of Manipur – Appellant
Versus
Shangreihan Muivah – Respondent


ORDER

The appellants entered into an agreement with the respondent on 10th April, 1975 whereunder respondent-herein undertook the execution of construction work in respect of the "Water Supply Scheme for Ukhrul Town". It appears that on 17th June, 1980, the respondent submitted 9th running bill amounting to Rs. 2,10,151/-. Since the amount was not paid, the respondent sent a notice under Section 80 of the Code of Civil Procedure on 5th June, 1983. The said notice was received by the appellants on 10th June, 1983. On 6th August, 1983, the respondent filed a suit for recovery of money. It appears that when the summons of the said suit were served on the appellants, the appellants paid the entire principal money Rs 2,10,151/- as demanded under the running bill. However, the respondent proceeded with the suit and claimed interest on the delayed payment of the principal amount. The trial court was of the view that the amount due under the running bill was a debt and, therefore, the appellants are liable to pay interest at the rate of 9%. Consequently, the suit was decreed. The first appeal preferred by the appellants was dismissed by the High Court. It is in this way the appellants have









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