Rakesh Kumar Garg, J. - (1.) THIS is defendants' second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff -respondent has been partly decreed for recovery of a sum of Rs. 76,000/ -.
(2.) THE plaintiff -respondent was allotted the work of construction of a Sports Stadium at Village Keorak, Kaithal on 13.12.2006 and as per the allotment letter, the work was to be completed within 4 months after getting the site cleared in all respects. However, according to the plaintiff, the Gram Panchayat, Keorak failed to hand over the clear site to it. It is the further case of the plaintiff that it had engaged labour and collected material but could not start the work because the appellants failed to provide the site and thus, suffered loss on this account. The plaintiff requested the defendant -appellants for release of its security amount of Rs. 76,000/ -. However, it was informed that its security amount has been forfeited. It is the case of the plaintiff that there was no breach of contract on its behalf and therefore, it was entitled to refund of security amount of Rs. 76,000/ - along with damages to the tune of Rs. 70,000/ -. The suit was contested by the defendant -appellants stating that the site was given by them to the plaintiff but it did not start the work at the spot and thus, the Department and the public at large suffered because of delay in the construction. According to the appellants, there was no problem for execution of the work or for starting the construction at site and it was only because of plaintiff -respondent's own negligence that it failed to start the work and thus, the security amount was rightly forfeited. Rest of the contents of the plaint were denied and dismissal of the suit was prayed for.
(3.) AFTER hearing counsel for the parties and due appreciation of the oral as well as documentary evidence, the trial Court decided issue No. 1 partly in favour of the plaintiff and issues No. 2 to 4 were decided against the defendants. Resultantly, the suit was partly decreed in the following manner: It is ordered that the suit of the plaintiff succeeds partly and the same is hereby partly decreed with costs. The defendants are directed to make the payment of Rs. 76,000/ - to the plaintiff company along with interest @ 6% per annum within a period of two months along with damages to the tune of Rs. 20,000/ - failing which the plaintiff company shall be at liberty to recover the same in accordance with law.;