NAGAR PALIKA Vs. SHIVSHANKAR GUPTA

JUDGEMENT

(1.) THIS appeal is filed by the defendants challenging judgment and decree dated 9-4-1999 passed by First Additional District Judge, Morena in Civil Suit No. 26-B/96 whereby the Court below has passed a decree for recovery of Rs. 91,571. 00 with interest at the rate of 15% per annum from 10-8-1996 till the date of passing of the decree and 6% from 9-4-99 till realisation of the said amount.

(2.) THE brief facts of the case are that the plaintiff - respondent filed the present suit for recovery of an amount of Rs. 91,571. 00 against the defendant which is a Municipality constituted under the provisions of M. P. Municipalities Act, 1961. The plaintiff carries on business of tent house in the name and style Gupta Tent House as a proprietor. In the year 1994 an advertisement dated 22-10-1994 was issued calling tenders for erecting a tent and supply of chairs, tables, cushions, stage-covers etc. The plaintiff submitted his offer in pursuance of the said tender notice. His tender was accepted by letter No. 5/94 dated 20-11-94 and a work order was placed with the plaintiff at the consideration of Rs. 65,000/ -. There is no dispute that the plaintiff carried out the work order as per the tender notice.

(3.) ANOTHER tender notice for supply of Bamboos and wooden poles was issued for which Yadav Tent House has also submitted his tender which was accepted. However, Yadav Tent House at the eleventh hour refused to perform his part of contract and therefore, the present plaintiff agreed to supply the said materials on the same rates on which the tender of Yadav Tent House was accepted. On the assurance given by the officers of the Municipalities the plaintiff carried out the said work and demanded an amount of Rs. 24,971. 00 for the work order carried out by him in pursuance to the work order issued to Yadav Tent House and Rs. 1600. 00 towards refund of security amount was also claimed.