- (1.) The appeal is directed against an order passed on the respondent-plaintiff's application for judgment on admission in a suit for payment against services rendered.
(2.) By the impugned judgment and decree dated February 25, 2016, the trial court allowed the application to the extent of the admission found in a letter dated March 1, 2010. A copy of such letter appears at pages 157-158 of the appeal- papers. The relevant letter opens by referring to the agreement of September 23, 2005 between the parties for the construction of a building after demolishing the old structure at 66, Gopi Mohan Dutta Lane, Kolkata-700 003. The initial paragraphs of the letter are replete with allegations of the plaintiff-contractor not having discharged his obligations under the agreement of September 23, 2005. Clearly, the employer was dissatisfied with the contractor and the quality of work performed by the contractor.
(3.) However, after levelling the rather serious allegations against the contractor on divers grounds, the appellant-employers had this to say in the two final paragraphs of the letter dated March 1, 2010: "That it would be further pertinent to mention here that you raised a bill dated 05.02.2010 for Rs.8,35,353.00 for your construction work but it was settled during the course of discussion held between you and us at Rs.7,25,000.00 which we are ready to pay to you immediately. "In view of the aforesaid facts you are requested to contact us within 7 days from the date of receipt of the letter to receive the bill amount which has been settled between you and us." ;