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1995 Supreme(SC) 1351

K.RAMASWAMY, FAIZAN UDDIN, B.N.KIRPAL
State Of Orissa – Appellant
Versus
Damodar Das – Respondent


Advocates:
INDRAJIT ROY, M.CHAKRAVARTY, M.K.MICHEL, RAJ MAHTA, RAJIV KAPOOR, SANJAY KAPOOR, YASHANK ADHYARU

JUDGMENT

K. RAMASWAMY, J. - These appeals arise from the orders of the High Court of Orissa dated 15-2-1982 made in Miscellaneous Appeal No. 65 of 1982 etc. The respondent-contractor was entrusted with the work "construction of sump and pump chamber etc. for pipes W/S to Village Kentile" as per agreement dated 21-9-1967, "Village Kentile water supply scheme construction of 20,000 gallons capacity R. R. masonry underground reservoir" as per agreement dated 19-7-1976 and "Piped water supply to Kentile - Construction of 0.135 M. G. D. Treatment Plant" as per agreement dated 6-10-1977 for the years 1967-68, 1975-76 and 1976-77 respectively. In respect of the latter two contracts, after executing some work, he abandoned the contract and accepted the measurements and payment of the fourth running bill without any objection on 19-7-1976 and 6-10-1977 respectively. With regard to the first, he accepted the measurement and payment of the bill without raising any objection.

2. On 15-9-1980, the respondent wrote a letter to the Chief Engineer, Public Health, Orissa alleging that disputes had arisen out of and relating to the aforesaid agreement for the works done and called upon the Chief Eng
















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