JUDGMENT

This appeal is filed by the first defendant in O.S.No.249/1997 on the file of the Sub Court, Irinjalakuda.

2. The brief facts relevant for disposal of this appeal are as follows: The plaintiff/1st respondent is a contractor. He entered into a contract with the 2nd defendant, the Kerala Industrial and Technical Consultancy Organization Ltd. (for short KITCO) for construction of dykes at Government Training Farm, Poyya for the first defendant Agency for Development of Acquaculture, (for short ADAK). The estimated amount of work was 15,50,000/-. An additional work was also entrusted for a sum of Rs.8,88,000/-. totalling to Rs. 24,38,000/-. Adding 40% tender excess for the agreed cost the amount of work entrusted to the plaintiff was Rs.34,13,200/-. The work was completed by the plaintiff on 20.1.1995. As per the contract, a maintenance period of six months from the date of completion of work was also stipulated and then it was revised to 12 months. The plaintiff though submitted the final bill, the defendants have not made payment even after several repeated requests. Hence, the suit was filed for realisation of Rs.

12,81,928.27 with 12% interest.

3. The ADAK resisted the claim