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1995 Supreme(Cal) 302

SATYA BRATA SINHA
Alguddin Mallick – Appellant
Versus
State – Respondent


Advocates Appeared:
J. N. Biswas, for Petitioner.

Judgement

ORDER :- In this writ application the petitioner has, inter alia, prayed for issuance of a writ of or in the nature of mandamus directing the respondents to make payment of all the dues payable to him. The petitioner admittedly had entered into a contract with the respondent No. 1. Pursuant thereto work order was issued in his favour on 5-2-90. According to the petitioner he had made various allegations with regard to the alleged breach of contract on the part of the respondent. The petitioner has furnished the particular of his claim in paragraph 17 of the writ application which reads thus :

"Particulars.

i). Rs. 2,54,351/- being the balance due from the bills submitted by the (plaintiff) petitioner accepted and acknowledged by the defendant.

ii). Rs. 2,50,000/- On account of extra cost involved for executing the work in the extended time and claimed as damages.

iii). Rs. 81,480/- On account of guarding charges from 10-12-92 to 14-7-1994.

Rs. 5,85,831/-

Rs. 2,27,302.42 p.

on account of interest @ 24% per annum simple from 10-12-1992 to 22-7-94.

Rs. 8,13,133.42 p.

The petitioner also claims further interest @ 24% per annum from 10-12-1992 to the tune of Rs. 2,27,302.42 p. besides












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