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2011 Supreme(Ker) 13

P.BHAVADASAN, THOTTATHIL B.RADHAKRISHNAN
G. K. Engineering Works, Represented By its Proprietor, V. A. Davidresiding at Vadakoodu House – Appellant
Versus
St. John The Baptist Church, Aluva – Respondent


Advocates Appeared:For the Petitioner:Daisy A. Philipose, Advocate. For the Respondent:Paul K. Varghese, Advocate.

Judgment :

C. R. Bhavadasan, J, The plaintiff did the work of construction of a school building for the defendants. He claimed amounts in that regard. According to him, as per Ext.A8 document dated 30.5.1991 he had commenced the work. The work commenced on 4.6.1991. The work had to be suspended due to an obstacle, which the school authorities had to clear. That took sometime and that delayed the work. As the delay was due to the inaction on the part of the school authorities, he sought enhancement of rates and according to the plaintiff he was granted 10% increase of rates. He presented a bill for Rs.4,01,752.18 towards the purchase of steel and cement, that was approved by the School Committee as per the decision dated 20.11.1992. He had then submitted a bill for Rs.7,32,148.31, which was verified by the second defendant in the suit and approved by the school committee. Another bill for Rs.1,22,520.42 was alsoaccepted and approved by the school committee. Since the school committee did not have sufficient funds at that point of time, the plaintiff was asked to wait, promising that as soon as funds are made available, the amounts will be paid to him. Ext.A5 is the letter which ackno






























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