- (1.) HEARD Mr. Rakesh kumar, in support of this petition and Sri s. C. Srivastava, learned counsel for the respondents.
(2.) THE petitioner is a proprietary concern. It is engaged in the business of civil construction. It entered into a contract with the first respondent-U. P. Power Corporation ltd. on the basis of a tender notice issued in the year 1998-1999. Tender submitted by the petitioner was accepted by respondent No. 2, on behalf of respondent No. 1, vide order dated 3-1-1999. Two works were to be executed at Orai. One was for a control Room Building costing of Rs. 22,59,670. 41 and the second was for security fencing around a transformer and an approach road, which was to cost of Rs. 48,09,266. 66. From a letter of the petitioner dated 29-5-2002, it is seen that the petitioner was required to stop the works sometime in december, 1999. This was due to the respondents not making available adequate quantity of supply of cement.
(3.) THE petitioner claims to have issued a notice on 30-8-2001, demanding the payment for the work done and the damages for not allowing the petitioner to complete the work and compensation for the resultant loss. The respondents have placed it on record through their counter affidavit that the claim was settled by making the payment of Rs. 13,43,448. 65 in full and final settlement. Counter affidavit by one vishwanath, Executive Engineer, Kanpur, states in paragraph 2 that agreement No. 19/1999-2000 was finalised for Rs. 13,43,448. 65, which amount was received by the petitioner by endorsing on the Measurement Register No. 1 /97, as follows :- "no other payment of mine apart from the security deposit is pending under this contract from the concerned department. The final bill as well as all the measurements are accepted. " Sd/-4-8-02" (As translated from original Hindi);