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2021 Supreme(Bom) 1130

S.C.GUPTE
Ajay Deep Construction Pvt. Ltd. – Appellant
Versus
Maharashtra State Police Housing & Welfare Corporation Ltd. – Respondent


Advocates appeared:
Devrat Singh, Advocate, Arthav Sanghvi, Advocate, Narayan Sahu, Advocate, Khursheed Vajifdar, Advocate, Rahat Kalpatri, Advocate

JUDGMENT

S.C. Gupte, J. - The Plaintiff has filed the present suit for recovery of Rs.1,09,78,024 together with pendente lite and post decree interest. The claim arises out of a construction contract.

2. The Defendants had invited tenders for construction of 650 quarters for policemen of SRPF Group IX at Amravati, with infrastructural amenities. The Plaintiff was the successful bidder. The construction contract was evidenced by work order dated 7 November 1996 and a formal contract agreement of the same date, i.e. 7 November 1996. Under the contract, the date of commencement of work was 7 November 1996, whereas the time for completion of the contract work was 36 months. Based on the revised quantum of scope of work, the original contract value of Rs.15,29,54,891 was revised by the Defendants to Rs.21,50,35,706. The original stipulated date of completion was extended upto 19 December 1999. These facts are not in dispute. It is also not in dispute that the Plaintiff completed the entire work within the stipulated date of completion. There is no dispute as to the quality of the work carried out by the Plaintiff. The bills submitted by the Plaintiff from time to time, both as running bil

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