Judgment

SABYASACHI MUKHARJI, J.:- This is an appeal by special leave from the judgment and order of the High Court of Orissa, dated 6th July, 1987 (reported in AIR 1987 Orissa 274). It arises out of a contract entered into between the State and the respondent for the construction of certain projects for irrigation. During 1973-74 the respondent was entrusted with the job of Construction of Ramaguda Minor Irrigation Project in Kukudakhandi Block vide agreement No. 4-F-2. The value of the work was Rs. 9,99,510/-. The work pursuant to the contract commenced on 4th May, 1973 and 4th November, 1974 was the stipulated date for completion of the work. However, on 30th December, 1975 the work was actually completed. It is asserted by the appellant that the respondent contractor accepted the final payment and was duly paid a sum of Rs. 23,74,001/- for the work done by him including the extra work. Thereafter, no amount was due to the respondent, according to the appellant, and he did not raise any claim whatsoever before the Department. On 28th September, 1976 the last payment was alleged to have been made by the respondent. On 30th October, 1976 the last bill was prepared which was nil one