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2005 Supreme(MP) 574

SUBHASH SAMVATSAR
Nagarpalika, Morena – Appellant
Versus
Shivshankar Gupta – Respondent


Advocates:
K.N. Gupta with Praveen Newaskar for appellants;
P.C. Chandil for respondent.

JUDGMENT

1. This appeal is filed by the defendants challenging judgment and decree dated 9.4.1999 passed by First Additional District Judge, Morena in Civil Suit No. 26-B/96 whereby the Court below has passed a decree for recovery of Rs. 91,571.00 with interest at the rate of 15% per annum from 10.8.1996 till the date of passing of the decree and 6% from 9.4.1999 till realisation of the said amount.

2. The brief facts of the case are that the plaintiff-respondent filed the present suit for recovery of an amount of Rs. 91,571.00 against the defendant which is a Municipality constituted under the provisions of M.P. Municipalities Act, 1961. The plaintiff carries on business of tent house in the name and style 'Gupta Tent House' as a proprietor. In the year 1994 an advertisement dated 22.10.1994 was issued calling tenders for erecting a tent and supply of chairs, tables, cushions, tage-covers etc. The plaintiff submitted his offer in pursuance of the said tender notice. His tender was accepted by letter No. 5/94 dated 20.11.1994 and a work order was placed with the plaintiff at the consideration of Rs. 65,000/-. There is no dispute that the plaintiff carried out the work order as per th















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