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2009 Supreme(SC) 36

ALTAMAS KABIR, MARKANDEY KATJU
OM CONSTRUCTION CO. – Appellant
Versus
AHMEDABAD MUNICIPAL CORP. – Respondent


JUDGMENT

ALTAMAS KABIR, J. :

Leave granted.

The appellant herein is a "C" class approved contractor, whose tender was accepted by the Ahmedabad Municipal Corporation for providing and fixing Nibhada Stone for paving and Footpath in Kalupur and Dariapur wards in Central Zone within the City of Ahmedabad. The Work Order was issued on 6th June, 2006, and as per the appellant's version the work was completed by the end of October, 2006. According to the appellant, after giving credit for payments which had been made by the Corporation, a sum of Rs. 68,46,872/- was still due towards the work performed in the Dariapur ward, while a sum of Rs. 8,61,760/- was also due for the work carried out in Kalupur ward. It is the case of the appellant that despite notice having been served on the Corporation on 24th May, 2007, the said amounts remained unpaid. Ultimately, on 6th June, 2007, the appellant issued a notice to the Corporation setting out the facts relating to the work performed and the claim made in detail and claimed a sum of Rs. 77,08,632/-, together with interest at the rate of 18% per annum, from the due date till the date of realization, which the appellant claimed, was the total ou























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