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2022 Supreme(Mad) 660

SENTHILKUMAR RAMAMOORTHY
P. P. Thomas, Government Contractor, Kerala – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to the Government, Chennai – Respondent


Advocate Appeared:
For the Plaintiff :Babu Thomas, K.F. Manavalan, K. Bijesh Thomas, Advocates.
For the Defendant :R. Shunmugasundaram, Advocate General & A. Edwin Prabakar, Special Government Pleader (CS)

JUDGMENT :

(Prayer: Civil Suit is filed under Order IV Rule 1 of the O.S Rules read with Order VII Rule 1 of the C.P.C. 1908, praying to pass judgment and decree in favour of the plaintiff seeking (A) for a declaration that the Defendants committed breach of contract under Agreement No.8/SE/PDC/1988-89 and prevented performance and completion of the work within the period stipulated in the agreement, which expired on 21.06.1992 and that the rejection of the claims for payment of the unpaid value of the works carried out and other amounts due to him notified on 11.07.1993 by the First Defendant on 05.06.1996 and 03.07.1993 is illegal, unjustified & invalid and consequently, the First Defendant is liable for payment at the market rates prevailed for the works delayed beyond 21.06.1990, by disgorging the unjust enrichment obtained by non-payment of the same, to compensate the losses caused to the Plaintiff, to restore his position ante; (B) for a declaration that the penalty of Rs.80,000/- (Rupees Eight Thousand only) imposed on the Plaintiff alleging slow progress is illegal, unju

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