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GOUTAM BHADURI, SANJAY S. AGRAWAL
South Eastern Coalfields Limited – Appellant
Versus
S. Kumar Associates Through Its Power Of Attorney Holder Rajendra Rajput – Respondent
JUDGMENT :
Sanjay S. Agrawal, J.
1. This appeal has been preferred by the defendants-South Eastern Coalfields Limited (hereinafter referred to as “SECL”) under Section 96 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'CPC') questioning the legality and propriety of the judgment and decree dated 05.05.2016 passed by Third Additional District Judge, Surguja at Ambikapur in Civil Suit No.21-B/2012, whereby the learned trial Court has decreed the plaintiff’s claim in part entitling him to a total sum of Rs.14,52,761/- payable by the defendants-SECL within a period of two months from the date of pronouncement of the judgment, while the cross appeal has been preferred by the plaintiff under Order 41 Rule 22 of CPC against the findings recorded in relation to issues No.1-a & 1-b.
2. Briefly stated the facts of the case are that the plaintiff, a proprietorship firm engaged in the business of contractorship carrying out work for various government, semi-government and public sector undertaking, was awarded the work of “hiring of HEMM for excavating (including drilling in all kinds of Strata/overburden) loading into tippers, transportation and unloading the excavated materia
The Court clarified the provisions of Section 96 of CPC and the Explanation to Order 41 Rule 22 of CPC, emphasizing the right of the respondent to file a cross-objection against any finding recorded ....
The lack of privity of contract and failure to establish a cause of action were central to the court's decision.
In works contracts, the party maintaining measurement records bears the burden to prove the quantity of work performed. Absent such evidence, the contractor's claim for work done must be upheld. Post....
The court affirmed that a contractor's claims for delays caused by defendants were valid, and it has the discretion to adjust interest rates based on economic conditions.
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