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2024 Supreme(Ker) 436

C. PRATHEEP KUMAR
P. T. Thomas S/o Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajeev P. Nair, P.V. Georgeonakkoor, Joe Joseph Kochikunnel, Paulcy Kurian, Reji George.
For the Respondent: E.G. Gorden.

 

1. This second appeal is filed under Section 100 r/w Order XLII Rule 1 of CPC by the respondent/plaintiff in A.S.144/2001 on the file of the Additional District Court, Kottayam, who is the plaintiff in O.S. No. 741/1998 on the file of the Principal Munciff Court, Kottayam, against the judgment and decree dated 22.9.2003 reversing the judgment of the trial court.

2. The brief facts necessary for the disposal of this Appeal are as follows:

 

    The appellant is a PWD contractor. He had undertaken a work of the 1st respondent through the 5th respondent and an agreement was entered into in that respect on 14.3.1997. The work was completed on 5.7.1997 and bill for an amount of Rs. 4,81,078/- was presented before the respondents. Since the bill amount was not disbursed, he had issued a notice to the respondents on 24.11.1997. Thereafter on 31.3.1998, the respondents disbursed a sum of Rs. 4,81,078/-. According to the appellant, for the delayed period he is entitled to get interest at the rate of 24% per annum. Accordingly, he filed the Suit before the Munsiff Court, Kottayam demanding a sum of Rs. 84,895/- being interest at the rate of 24% per annum for the bill amount of Rs. 4,81,078/-. The

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