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1991 Supreme(Del) 248

DALVEER BHANDARI, D.P.WADHWA
UNION OF INDIA – Appellant
Versus
KAILASH CHAND GIAN CHAND JAIN – Respondent


Advocates Appeared:
K.L.ARYA, S.K.MAHAJAN

D. P. Wadhwa

( 1 ) BOTH these appeals can be disposed of by this judgment as parties are same and issues similar. The respondent as a plaintiff filed two suits against Union of India through the General Manager, Northern Railway, New Delhi. The plaintiff is a contractor. The plaintiff was awarded two different contracts for execution of certain work of the defendant. In the one suit (pertaining to R. F. A. 448/89) the plaintiff sued for recovery of Rs. 99. 885. 00. This amount comprised of Rs. 90. 635. 00 being the amount due to the plaintiff towards security deposit after completion of the contract and Rs. 9,250. 00 as interest on the above amount at the rate of l8%p. a. from 22. 6. 1982 till the date of institution of the suit. In the second suit (pertaining to R. F. A. 449/89) the suit of the plaintiff was for recovery of Rs. 79,756. 10 which comprised Rs. 56. 430. 00 towards refund of security deposit and Rs. 14,780 9^ being the amount under the seventh running bill and Rs. 8,545. 20 as interest at the rate of 18% p. a. from the date the aforesaid amounts became due till date of filing of the suit. Then there was a third contract also between the parties which the defendant-Unio























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