S.RAVINDRA BHAT
J. S. Chaudhary – Appellant
Versus
Vice Chairman, DDA – Respondent
S. Ravindra Bhat, J.
The plaintiff claims a money decree, based on the sum of Rs. 81,54,667/-towards various heads, on account of amounts due from the Defendant (hereafter called "DDA") in a works contract; additionally, the plaintiff claims interest, at a quantified rate, as well as pendent lite and future interest. The claim is premised on the performance of a works contract, entered into by the parties, for construction of 448 flats at Jhilmil Colony.
2. The facts, to the extent they are uncontroverted, are that the plaintiff, who describes himself as sole proprietor of a firm, successfully bid, and was awarded the contract, by the DDA. The bid was accepted on 09.9.1991; the written contract (Ex-PW-1/2) was entered into on 16.09.1991. The time for performance, agreed upon by the parties, was 15 months, from the date of signing the agreement. It was however, extended. The plaintiff says that this was due to various defaults by DDA; the latter however denies that position. Eventually, the construction was completed on 12.12.1994. The completion certificate was issued o
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