w w w . L a w y e r S e r v i c e s . i n



Bharat Sanchar Nigam Limited, Represented by the Chief General Manger, Telecom (Tamilnadu Circle), Chennai & Others v/s M/s. Sakthi Engineering Constructions, Erode & Others


Company & Directors' Information:- BHARAT SANCHAR NIGAM LIMITED [Active] CIN = U74899DL2000GOI107739

Company & Directors' Information:- BHARAT CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45201UR2020PTC010677

Company & Directors' Information:- C & C CONSTRUCTIONS LIMITED [Active] CIN = L45201DL1996PLC080401

Company & Directors' Information:- A G R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG1997PTC028180

Company & Directors' Information:- N J R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC065101

Company & Directors' Information:- S T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127181

Company & Directors' Information:- J P G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC124763

Company & Directors' Information:- B O CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U00000DL2000PTC103440

Company & Directors' Information:- V R G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45208TN2013PTC090378

Company & Directors' Information:- E C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC092928

Company & Directors' Information:- I P CONSTRUCTIONS PVT LTD [Active] CIN = U45201DL2005PTC141372

Company & Directors' Information:- A R R S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202TZ2008PTC014926

Company & Directors' Information:- M P ENGINEERING CONSTRUCTIONS (INDIA ) PRIVATE LIMITED [Active] CIN = U45200MH2002PTC135385

Company & Directors' Information:- S K CONSTRUCTIONS LIMITED [Amalgamated] CIN = U45200DL1972PLC006224

Company & Directors' Information:- D N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2011PTC074563

Company & Directors' Information:- S V ENGINEERING CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45200AP2009PTC064989

Company & Directors' Information:- J. K. TELECOM LIMITED [Active] CIN = U64201JK1987PLC000978

Company & Directors' Information:- D A P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201WB1997PTC086056

Company & Directors' Information:- M R CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1987PTC041958

Company & Directors' Information:- E AND A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2007PTC052569

Company & Directors' Information:- J N C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1998PTC093071

Company & Directors' Information:- H & V ENGINEERING AND CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC230848

Company & Directors' Information:- D E C ENGINEERING AND CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2007PTC171868

Company & Directors' Information:- P R D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC132422

Company & Directors' Information:- R A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL1999PTC101132

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U15100KA2013PTC072347

Company & Directors' Information:- V G V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010825

Company & Directors' Information:- P AND N TELECOM PRIVATE LIMITED [Strike Off] CIN = U64200DL1998PTC097592

Company & Directors' Information:- C L S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074067

Company & Directors' Information:- R M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136640

Company & Directors' Information:- K. D. TELECOM PRIVATE LIMITED [Active] CIN = U32200GJ2007PTC051291

Company & Directors' Information:- SAKTHI CONSTRUCTIONS INDIA PRIVATE LIMITED [Active] CIN = U45201TZ2004PTC011496

Company & Directors' Information:- R K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45400UP2009PTC039089

Company & Directors' Information:- D. P. TELECOM PRIVATE LIMITED [Active] CIN = U64200UP2008PTC035035

Company & Directors' Information:- H M R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U27209WB1944PTC011901

Company & Directors' Information:- H A M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140214

Company & Directors' Information:- B M R C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC126958

Company & Directors' Information:- A V A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200DL2006PTC154123

Company & Directors' Information:- BHARAT TELECOM PRIVATE LIMITED [Dissolved] CIN = U93000DL1984PTC019199

Company & Directors' Information:- N B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC153179

Company & Directors' Information:- V P V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TZ2002PTC010021

Company & Directors' Information:- B S TELECOM PRIVATE LIMITED [Active] CIN = U64201TZ2012PTC017798

Company & Directors' Information:- P K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202WB1990PTC048623

Company & Directors' Information:- D B S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201BR1990PTC003954

Company & Directors' Information:- P R P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1995PTC032833

Company & Directors' Information:- N S CONSTRUCTIONS (INDIA) LIMITED [Active] CIN = U70101DL1997PLC088867

Company & Directors' Information:- B B CONSTRUCTIONS LTD [Active] CIN = U70101WB1988PLC045084

Company & Directors' Information:- K & J TELECOM PRIVATE LIMITED [Active] CIN = U85110KA1989PTC009902

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203KA2013PTC072347

Company & Directors' Information:- S. C. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400AS2012PTC010876

Company & Directors' Information:- K & R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201AS2011PTC010822

Company & Directors' Information:- M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC148776

Company & Directors' Information:- V Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201UP2014PTC062964

Company & Directors' Information:- G V B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70100TG1998PTC028935

Company & Directors' Information:- T AND S TELECOM PRIVATE LIMITED [Strike Off] CIN = U64202DL2004PTC127144

Company & Directors' Information:- P K D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74999WB1980PTC032820

Company & Directors' Information:- P R TELECOM PRIVATE LIMITED [Strike Off] CIN = U64202DL2003PTC122691

Company & Directors' Information:- H K P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202OR2001PTC006458

Company & Directors' Information:- G S S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TZ1992PTC003665

Company & Directors' Information:- C AND M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130723

Company & Directors' Information:- A G P CONSTRUCTIONS COMPANY PRIVATE LIMITED [Active] CIN = U45201AN2006PTC000078

Company & Directors' Information:- S I A CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1993PTC061189

Company & Directors' Information:- P H CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2004PTC125388

Company & Directors' Information:- TELECOM CONSTRUCTIONS INDIA PRIVATE LIMITED [Strike Off] CIN = U64200DL1985PTC021782

Company & Directors' Information:- G G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028772

Company & Directors' Information:- N S V CONSTRUCTIONS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101WB1997PTC084753

Company & Directors' Information:- S M C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2000PTC123619

Company & Directors' Information:- R K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U24248UP1984PTC006613

Company & Directors' Information:- A V TELECOM PRIVATE LIMITED [Active] CIN = U74999WB2012PTC182303

Company & Directors' Information:- J R D TELECOM PRIVATE LIMITED [Active] CIN = U74900TN2013PTC093158

Company & Directors' Information:- H V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2008PTC183930

Company & Directors' Information:- K M S CONSTRUCTIONS PVT LTD [Active] CIN = U26931TG1983PTC004119

Company & Directors' Information:- M S R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201TG2000PTC035352

Company & Directors' Information:- A TO Z TELECOM PRIVATE LIMITED [Active] CIN = U72900DL2000PTC104721

Company & Directors' Information:- K P C CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45204DL2012PTC233771

Company & Directors' Information:- A G M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202KL2002PTC015340

Company & Directors' Information:- A N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC035171

Company & Directors' Information:- D N CONSTRUCTIONS PVT LTD [Active] CIN = U45203AS1983PTC002024

Company & Directors' Information:- P S V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064768

Company & Directors' Information:- K B C CONSTRUCTIONS LIMITED [Strike Off] CIN = U45209CH2011PLC032890

Company & Directors' Information:- T T S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45403KL2020PTC064299

Company & Directors' Information:- V B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1997PTC027406

Company & Directors' Information:- M R Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC172953

Company & Directors' Information:- V S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201KA1980PTC003939

Company & Directors' Information:- GENERAL ENGINEERING PRIVATE LTD [Strike Off] CIN = U45203AS1992PTC003782

Company & Directors' Information:- J B CONSTRUCTIONS LTD [Strike Off] CIN = U45201WB1981PLC034263

Company & Directors' Information:- S D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012083

Company & Directors' Information:- M. G. B. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400DL2015PTC281859

Company & Directors' Information:- V N CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45200KA2015PTC083425

Company & Directors' Information:- R D S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202PN2001PTC016041

Company & Directors' Information:- J K R TELECOM INDIA PRIVATE LIMITED [Strike Off] CIN = U64204TG2010PTC068426

Company & Directors' Information:- R. P. INDIA TELECOM PRIVATE LIMITED [Active] CIN = U72900UP2017PTC089129

Company & Directors' Information:- T R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC161605

Company & Directors' Information:- J B J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130303

Company & Directors' Information:- L B TELECOM PRIVATE LIMITED [Active] CIN = U64200KA2020PTC137646

Company & Directors' Information:- A AND V CONSTRUCTIONS PVT LTD [Strike Off] CIN = U65992TG1987PTC007890

Company & Directors' Information:- GENERAL CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201KL1981PTC003428

Company & Directors' Information:- M R G CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201MP1994PTC008620

Company & Directors' Information:- P D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U72100KA1986PTC007383

Company & Directors' Information:- A P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210WB1979PTC032397

Company & Directors' Information:- J N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1997PTC088802

Company & Directors' Information:- P. R. CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45202MP1982PTC002078

Company & Directors' Information:- M AND M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051503

Company & Directors' Information:- J AND T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1999PTC031067

Company & Directors' Information:- CONSTRUCTIONS CO OF INDIA PRIVATE LIMITED [Strike Off] CIN = U29248UP1946PTC001471

Company & Directors' Information:- K S CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U29248UP1982PTC005640

Company & Directors' Information:- J. P. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45202CT2007PTC020304

Company & Directors' Information:- I M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122889

Company & Directors' Information:- S J M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101KA1997PTC023146

Company & Directors' Information:- L S CONSTRUCTIONS INDIA PRIVATE LIMITED [Active] CIN = U45202KA2012PTC063895

Company & Directors' Information:- G D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201WB1985PTC039687

Company & Directors' Information:- G C TELECOM (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51505MH2004PTC144292

Company & Directors' Information:- B G CONSTRUCTIONS PVT LTD [Active] CIN = U70109WB1989PTC046859

Company & Directors' Information:- J & J CONSTRUCTIONS PVT LTD [Not available for efiling] CIN = U70109WB1991PTC052664

Company & Directors' Information:- NIGAM & NIGAM PVT LTD [Strike Off] CIN = U35921WB1987PTC042595

Company & Directors' Information:- M C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1985PTC039150

Company & Directors' Information:- N C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1987PTC042382

Company & Directors' Information:- B A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201PB2002PTC024960

Company & Directors' Information:- B AND W CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U17291DL2007PTC170930

Company & Directors' Information:- A S D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125030

Company & Directors' Information:- P K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200AP1987PTC008025

Company & Directors' Information:- G K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201AS1988PTC003035

Company & Directors' Information:- H H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022610

Company & Directors' Information:- S D C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209AP2011PTC074468

Company & Directors' Information:- C J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70101DL1996PTC082457

Company & Directors' Information:- R R CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210OR1989PTC002234

Company & Directors' Information:- J H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC115057

Company & Directors' Information:- S. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101MH2003PTC139538

Company & Directors' Information:- L D F CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2009PTC037275

Company & Directors' Information:- K P N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2014PTC092096

Company & Directors' Information:- J D CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45209TG2010PTC071441

Company & Directors' Information:- R . C . S . CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U36911UP1999PTC024964

Company & Directors' Information:- TELECOM (INDIA) PVT LTD [Strike Off] CIN = U51395WB1984PTC037454

Company & Directors' Information:- U R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC120032

Company & Directors' Information:- H M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184485

Company & Directors' Information:- O P B K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047760

Company & Directors' Information:- G A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109333

Company & Directors' Information:- A J N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142336

Company & Directors' Information:- J. N. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200BR2011PTC017019

Company & Directors' Information:- J. L. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45500AP2016PTC104385

Company & Directors' Information:- U E CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA2002PTC030635

Company & Directors' Information:- U D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR1990PTC002649

Company & Directors' Information:- C & A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1989PTC017300

Company & Directors' Information:- R S S CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202JH1990PTC003927

Company & Directors' Information:- GENERAL TELECOM (INDIA) LIMITED [Strike Off] CIN = U64203MH1997PLC105088

Company & Directors' Information:- P AND P CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200TG1992PTC015113

Company & Directors' Information:- I. A. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100TG1998PTC029569

Company & Directors' Information:- B J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH1972PTC015731

Company & Directors' Information:- S A K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC055386

Company & Directors' Information:- L & I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UR2006PTC032334

Company & Directors' Information:- A.T. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UP1990PTC011951

Company & Directors' Information:- P B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC028800

Company & Directors' Information:- GENERAL ENGINEERING CORPORATION LTD [Active] CIN = U99999MH1928PLC001400

Company & Directors' Information:- I R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC084160

Company & Directors' Information:- M A M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2003PTC010667

Company & Directors' Information:- V. M. R. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202AP1996PTC023724

Company & Directors' Information:- Y P S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1993PTC013953

Company & Directors' Information:- A. W. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MP2009PTC022110

Company & Directors' Information:- S B R CONSTRUCTIONS PVT LTD [Active] CIN = U70100MH1982PTC027337

Company & Directors' Information:- G T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U51101UP1980PTC004982

Company & Directors' Information:- I. N. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003931

Company & Directors' Information:- B. R. B. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039632

Company & Directors' Information:- N. M. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC067227

Company & Directors' Information:- B N CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201OR1981PTC001015

Company & Directors' Information:- D F CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1991PTC011820

Company & Directors' Information:- L AND S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032554

Company & Directors' Information:- M T M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TZ2005PTC011626

Company & Directors' Information:- I S K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TN2006PTC059103

Company & Directors' Information:- K R V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400TN2010PTC075836

Company & Directors' Information:- CHIEF CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH2009PTC194097

Company & Directors' Information:- D & Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200PN2009PTC134889

Company & Directors' Information:- K & Y CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200PN2014PTC150194

Company & Directors' Information:- L. K. M. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2006PTC164835

Company & Directors' Information:- K & H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2011PTC218327

Company & Directors' Information:- M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH2000PTC127425

Company & Directors' Information:- R K D TELECOM PRIVATE LIMITED [Active] CIN = U74999MH2014PTC252496

Company & Directors' Information:- S R R CONSTRUCTIONS PVT LTD [Active] CIN = U45202MH1982PTC027359

Company & Directors' Information:- R N ENGINEERING AND CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45203MH2012PTC227197

Company & Directors' Information:- 4 F CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400TG2012PTC081501

Company & Directors' Information:- N N C CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2015PTC099840

Company & Directors' Information:- J S J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74900TN2016PTC103860

Company & Directors' Information:- Q AND Q CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043373

Company & Directors' Information:- S I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45209CH2014PTC035188

Company & Directors' Information:- R S A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC193200

Company & Directors' Information:- B B R L CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2011PTC217588

Company & Directors' Information:- M AND R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2012PTC243738

Company & Directors' Information:- A M T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC268935

Company & Directors' Information:- S V S TELECOM PRIVATE LIMITED [Strike Off] CIN = U74140DL2009PTC194045

Company & Directors' Information:- D D TELECOM PRIVATE LIMITED [Active] CIN = U74140DL2015PTC282251

Company & Directors' Information:- G V TELECOM PRIVATE LIMITED [Active] CIN = U74999DL2012PTC234694

Company & Directors' Information:- K. D. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74120DL2009PTC190268

Company & Directors' Information:- G T B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193204

Company & Directors' Information:- G N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193472

Company & Directors' Information:- R P T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2007PTC055960

Company & Directors' Information:- M N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC094893

Company & Directors' Information:- S D N TELECOM PRIVATE LIMITED [Active] CIN = U64200AP2014PTC095500

Company & Directors' Information:- Y & M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044664

Company & Directors' Information:- M R TELECOM PRIVATE LIMITED [Strike Off] CIN = U32304KA2009PTC050372

Company & Directors' Information:- M P K CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201KA2001PTC029100

Company & Directors' Information:- H K G N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74210KA2003PTC032055

Company & Directors' Information:- R B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70102AP1989PTC010527

Company & Directors' Information:- A P N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201HP1995PTC017344

Company & Directors' Information:- U R TELECOM PRIVATE LIMITED [Strike Off] CIN = U00360KA1996PTC019674

Company & Directors' Information:- M T J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA1991PTC011684

Company & Directors' Information:- V N V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101DL1992PTC050037

Company & Directors' Information:- U AND I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U99999MH2000PTC129703

Company & Directors' Information:- H B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100MH1974PTC017866

Company & Directors' Information:- D B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC053917

Company & Directors' Information:- N N CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC050240

Company & Directors' Information:- R S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CT1983PTC002128

Company & Directors' Information:- A R H CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155870

Company & Directors' Information:- E M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC185365

Company & Directors' Information:- BHARAT ENGINEERING COMPANY LIMITED [Dissolved] CIN = U00349KA1948PLC000517

Company & Directors' Information:- K V S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201RJ1983PTC002720

Company & Directors' Information:- SAKTHI CORPORATION PVT. LTD [Strike Off] CIN = U99999TN1960PTC004063

Company & Directors' Information:- BHARAT CORPORATION PVT LTD [Strike Off] CIN = U74999CH1946PTC001103

Company & Directors' Information:- INDIA GENERAL ENGINEERING COMPANY LIMITED [Under Liquidation] CIN = U99999MH1955PLC009687

    A.S. No. 1116 of 2007 & Cros. Obj. 45 of 2008

    Decided On, 18 July 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T. RAVINDRAN

    For the Appellants: S. Velusamy, Advocate. For the Respondents: R1, S. Parthasarathy, Senior Counsel for M/s. V.S. Kesavan, R2, R. Rathnathara, Advocate.



Judgment Text

(Prayer: First Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 06.09.2007 passed by the Principal District Judge, Erode District, Erode, in O.S.No.189 of 2005.)

1. Aggrieved over the judgment and decree dated 06.09.2007 passed in O.S.No.189 of 2005 on the file of the Principal District Court, Erode, the defendants 1 and 2 have come forward with the appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. Suit for recovery of money.

4. The case of the plaintiff, in brief, is that it is a partnership firm engaged in contractual works such as laying optic fibre cables, microwave tower installations, transmission equipments installations, etc., and also engaged in other contract works in civil, supply of materials like RCC half and full pipes, etc., and the first defendant is required to install and maintain telecommunication works in Tamilnadu Circle and the second defendant is the General Manager, Telecom, Erode and the third defendant is the telecommunication consultants India Ltd., Government of India Enterprise and it undertakes telecommunication development and maintenance works with pre-approved rates on turn key basis by the first defendant and it is further stated by the plaintiff that it is the contractors of Government and private concerns for trenching, laying HDPE pipe and pulling of optic fibre cable and according to the plaintiff the third defendant offered tenders on behalf of the defendants 1 and 2 for the abovesaid works of Odiyur Telephone exchange under project No. ERD/F2/97 and the plaintiff was given the said contract work as a tenderer and accordingly, the trenching and laying of HDPE pipe and pulling of optic Fibre (OF) cable from Kangayam Telephone exchange upto 7050 meter along Kangayam-Dharapuram road under the abovesaid project and the work was entrusted to the plaintiff and the estimated cost and the time allowed to complete the work is three months and the above agreement had been signed on 05.08.1998 and after the preparation of the route index diagram incorporating the depth of trench of 10 meters distance, it has to be completed crossing galvanised iron pipes, culvert, bridges, Nalla crossing, rocky portions, etc., and the handing over the route by the third defendant and taking over the route by the defendants 1 and 2 was also contemplated and accordingly, the plaintiff started the work after receiving the store materials on 20.09.1998 and even before the same, excavation work was started, however, the same could not be progressed due to stoppage of work by the Highways authorities and as per the agreement it is only the defendants 1 and 2 who should obtain the permission of Highways department and there has been delay in the obtainment of the abovesaid permission and hence the defendants 1 and 2 are responsible for the delay caused with reference to the same qua the implementation of the work entrusted to the plaintiff and further according to the plaintiff, acceptance testing was done on 15.02.1999 and the remarks on acceptance testing was not supplied to it immediately and on 10.03.1999, the plaintiff wrote a letter to the third defendant to forward the testing remarks, which was received on 13.03.1999 and after collecting the same, the necessary raw materials were provided and the testing officers had cleared the route, but due to non availability of optic fibre cable from the defendants 1 and 2 not supplied till 25.11.1999, the same was supplied on 25.11.1999 and the work was completed only on 28.11.1999. The third defendant had paid 30% advance i.e. Rs.2,56,974/- on 16.10.1998 and subsequently, the payment of Rs.11,66,374/- was released deducting the earlier payment paid on 05.03.1999 and after the completion of the cable pulling on 28.11.1999, the plaintiff claimed 95% of the claim and the third defendant paid 75% on 31.03.1999 and the defendants' field officers had also signed in the sheets based on physical verification and therefore, the defendants are liable to pay the full amount as per the agreement and the plaintiff claimed 95% bill on 01.03.2000 and 100% on 28.03.2000 from the third defendant, but the same has not been paid and the abovesaid payment has been kept pending by the defendants without any basis and the defendants have also recovered some amount for some other works completed by the plaintiff to the tune of 91,335/, Rs.1,58,578 and the abovesaid deductions are illegal and furthermore, according to the plaintiff during the trenching work, it was noted that the soil was rocky and has to be blasted with the explosive and on account of the failure of the defendants in obtaining the prior permission for the same, the delay in the completion of the work has occurred and the delay is only on account of the defendants as abovestated and hence according to the plaintiff, the defendants are jointly and severally liable to pay the suit amount with interest at the rate of 12% per annum and accordingly laid the suit.

5. The defendants 1 and 2 resisted the suit contending that the suit laid by the plaintiff is not maintainable either in law or on fact. There is no privity of contract between the plaintiff and the defendants 1 and 2 and the defendants 1 and 2 are not responsible in any manner for the payment of the suit amount to the plaintiff and there is no direct contract between the plaintiff and the defendants 1 and 2 and the contract of the plaintiff is only with the third defendant and as there is a dispute between the parties regarding the payment of wrong and excess claim and the joint committee inspection was conducted and the abovesaid dispute is pending before the arbitrator concerned and hence, according to the defendants, there is no cause of action for the plaintiff to institute the suit against them and furthermore, it is also pleaded by them that this court does not have the territorial jurisdiction to entertain the suit and the suit ought to have been filed at Chennai or New Delhi and accordingly prayed for the dismissal of the suit.

6. The third defendant contended by way of the written statement that the plaintiff's suit is barred by limitation and that the third defendant is the consultancy organisation for carrying the works on behalf of the defendants 1 and 2 and the work in question was also entrusted to the third defendant by the defendants 1 and 2 and only on behalf of the second defendant, the tender was called for on conditions and the second defendant constituted the committee for negotiations with the plaintiff regarding the conditions and it was agreed that the work should be entrusted to the plaintiff and be completed within three months and the third defendant is not aware of the permission to be given by the Highways authorities for the execution of the work. The delay in the execution of the work was only due to the plaintiff and the plaintiff has to bear the responsibility for the same and the third defendant provisionally paid Rs.2,56,974/- on 16.10.1998 and based on the final actual measurements, the final bill has to be settled. The third defendant has paid 75% of the bill amount. There is no dispute regarding the payment of the final bill. Due to the revision of the type of soil, Rs.4,91,158.17 was disallowed by the second defendant and the second defendant has also imposed delay penalty of Rs.1,10,130/- and the above bill is only due to the plaintiff. The third defendant is not responsible for the same. Regarding the soil reclassification, the vigilance committee was formed and the same was actually protested by the third defendant and the abovesaid dispute is pending before the arbitrator and the plaintiff has executed the work only on behalf of the defendants 1 and 2 and the third defendant is not liable to pay any further amount to the plaintiff and after the arbitration, the amount will be paid to the plaintiff as per the determination of the arbitrator and hence prayed for the dismissal as against the third defendant.

7. On the abovesaid pleas put forth by the respective parties, the trial court was pleased to formulate the following issues for consideration:

1. Whether there is privity of contract between the plaintiff and the defendants 1 and 2?

2. Whether the plaintiff is entitled to claim suit amount from the defendants 1 and 2?

3. Whether this court has territorial jurisdiction to try the suit

4. To what relief?

Additional issues

1. Whether the suit is barred by limitation?

2. Whether there is delay on the part of the defendants for the execution of the work of the plaintiff?

3. Whether the deductions made by the defendants is correct?

8. In support of the plaintiff's case P.W.1 was examined and Exs.A1 to A27 were marked. On the side of the defendants D.Ws.1 and 2 were examined Exs.B1 to B40 were marked.

9. On consideration of the oral and documentary evidence adduced by the respective parties and the submissions made, the trial court was pleased to hold that the defendants 1 to 3 should individually and collectively pay a sum of Rs.11,35,223/- to the plaintiff with subsequent interest on Rs.7,32,091/- at the rate of 6% per annum from the date of suit till the date of payment with costs, and accordingly disposed of the suit in favour of the plaintiff. Impugning the same, the first appeal has come to be laid by the defendants 1 and 2 . Aggrieved over the quantum of interest awarded by the trial court and claiming that the interest should have been awarded at the rate of 12% per annum, the plaintiff has come forward with the cross objection.

10. The following points arise for determination in this appeal and cross objection:

1. Whether there is privity of contract between the plaintiff and the defendants 1 and 2?

2. Whether the plaintiff is entitled to claim the suit amount from the defendants as prayed for?

3. Whether the trial court has the territorial jurisdiction to entertain the suit preferred by the plaintiff?

4. Whether the suit is barred by limitation?

5. Whether the quantum of interest determined by the trial court for the amount decreed by it is improper and against the law?

6. To what relief the plaintiff / cross objector is entitled to?

7. To what relief the defendants 1 and 2 / appellants are entitled to?

8. To what relief the third defendant is entitled to?

Points No. 1 to 5

11. It is not in dispute that the plaintiff had been entrusted with the work as outlined in the plaint by the third defendant and it is found that before entrusting the work to the plaintiff, it is seen that the communication has been sent to the second defendant's head office marked as Ex.B30 date 15.10.1997 and accordingly, it is found that the execution of the external plant works including digging and cable laying, etc., should be awarded to TCIL/HLL/Rites TEC/TII on various conditions as set out in the abovesaid letter and it is found that as per the abovesaid guidelines issued by the head office of the second defendant, it is found that the third defendant had been directed by the second defendant to call for a tender with reference to the two routes as set out in the letter dated 24.12.1997, which document has come to be marked as Ex.B2 and following the same, it is further seen that the second defendant had written a letter to the third defendant dated 15.01.1998 marked as Ex.B1calling upon the third defendant to call for short notice tender for the abovesaid work within a particular period of time and following the same, it is seen that the tender had been floated by the third defendant and therefore, considering the abovesaid documents in toto, when it is seen that the tender had been floated by the third defendant only at the instance of the defendants 1 and 2 as above pointed out for the work in question, the defendants 1 and 2 cannot feign ignorance as if they are in no way connected with the tender floated by the third defendant for the completion of the work in question and accordingly, following the tender floated by the third defendant, it is found that the plaintiff had also participated in the said tender and accordingly, it is found that the plaintiff's tender had been accepted after negotiations between the plaintiff and the defendants 1 to 3 in toto. In this connection, the tender document submitted by the plaintiff to the third defendant has been marked as Ex.B6 and furthermore, it is seen that the agreement had also been entered into between the defendants 2 and 3 with reference to the work in question, which document has come to be marked as Ex.B17 dated 09.04.1998 and from Ex.B3 dated 28.04.1998, it is found that the second defendant had informed the third defendant that with reference to the tender and the acceptance of the same, there will be a negotiation and it is also seen that the third defendant had been directed to attend the negotiations committee meeting consisting of the officers of the second defendant and the third defendant had also been directed to depute its officers with relevant documents for the same and furthermore, the third defendant had also been directed to intimate the tenderer to be present in the negotiations and from the document dated 06.05.1998 marked as Ex.B4, it is found that the plaintiff had accepted the execution of the work and send the letter with reference to the same. From the letter dated 17.07.1998 marked as Ex.B9, it is found that the work had been directed to be commenced by the plaintiff by handing over the necessary route, commencement of the work and from the document marked as Ex.A9 dated 24.07.1998, it is found that the third defendant had accepted the tender of the plaintiff for the work in question and accordingly it is found that the work in question had been entrusted to the plaintiff and the plaintiff had commenced the work.

12. In the light of the abovesaid factual matrix, when right from the inception, it is only the defendants 1 and 2, who had taken the initiative of commencing the work and accordingly, directed the third defendant to float the tender and the third defendant, pursuant to the same, having also floated the tender and the plaintiff had participated in the same and thereafter, the negotiations having been held between the defendants 1 and 2 and the third defendant as well as the plaintiff qua the work in question and after the same, the plaintiff's tender having been accepted and the plaintiff commencing the work thenceforth, in such a course of events, the case projected by the defendants 1 and 2 that they are no way connected with the entrustment of the work to the plaintiff and the said agreement / contract is only between the third defendant and the plaintiff and that they are strangers to the same, as such, cannot be accepted in any manner and rightly dis-believed by the trial court.

13. As could be seen from the materials available on record, the third defendant has been acting only as the consultant for the defendants 1 and 2 for the work in question and accordingly, the contract had been entered into between the parties concerned dated 05.08.1998 marked as Ex.A10 and considering the same,the same having been entered into for the work of the defendants 1 and 2, in such view of the matter, the beneficiary of the contract in question is only the defendants 1 and 2 and though the defendants 1 and 2 may not be the direct parties to the contract, in all, when the contract in question had been entered into between the third defendant on turn key basis with the plaintiff only at the instance of the defendants 1 and 2 as above pointed out and the work of the third defendant is only to provide technical assistance for the execution of the work and when furthermore, the defendants 1 and 2 had also participated in the negotiation proceedings, approved the entrustment of the work to the plaintiff and considering the evidence adduced in the matter by D.Ws.1 and 2, when it is found that the claim made by the plaintiff for the recovery of the amount, would be paid by the third defendant and subsequently recovered from the second defendant and on some occasions, the bills would be forwarded to the second defendant for approval and as abovenoted when the work in question has been done only for the benefit of the defendants 1 and 2, in such view of the matter, considering the role played by the defendants 1 and 2 from the inception of the handing over the work to the third defendant, in such view of the matter, the contention of the defendants 1 and 2 that they are the third parties to the agreement and therefore, they are not liable to pay the suit amount, as such, cannot be countenanced and on the other hand, there is overwhelming evidence projected in the matter to show that the defendants 1 and 2 had also participated in the commencement and the execution of the work one way or the other and when furthermore, it is seen that the defendants 1 and 2 are beneficiaries of the work in question and when the defendants 1 and 2 are liable to pay the amount to be incurred for the execution and completion of the work, in such view of the matter, the plea of the defendants 1 and 2 that there is no privity of contract between them and the plaintiff and therefore, they are not liable to pay any amount to the plaintiff, as such, cannot be accepted and the abovesaid plea has been rightly negatived by the trial court and in the light of the abovesaid position, I do not see any valid reason to deviate from the abovesaid well considered and acceptable determination of the trial court.

14. The counsel for the defendants 1 and 2 also contended that there is a delay on the part of the plaintiff in the execution and completion of the work and also put forth that the plaintiff has put forth exorbitant bills without properly appreciating the position of the soil in the route concerned where the work had been executed and mainly according to him, the soil condition of the route is not rocky and it is a normal soil and therefore, it is contended that the case of the plaintiff that it had been necessitated to employ blasting of the rocks contained in the route and thereby, the plaintiff had incurred additional expenses and the delay had occurred, according to the defendants 1 and 2, are all false and therefore, it is put forth that the plaintiff is not entitled to claim the suit amount and on the other hand, the defendants 1 and 2 are entitled to deduct the appropriate amount with reference to the abovesaid points and therefore, contended that the plaintiff's suit is not maintainable.

15. The abovesaid defence of the defendants 1 and 2 has been repudiated by the plaintiff. According to the plaintiff, there is no delay on its part in the execution and completion of the work. From the materials placed on record, it is found that the delay in the implementation of the project had occurred on account of the failure of the defendants 1 to 3 in obtaining the permission of the Highways department. The obtainment of the permission of the Highways department is not the responsibility of the plaintiff. The work having been undertaken by the plaintiff at the instance of the defendants 1 to 3, it is for the defendants 1 to 3 who should obtain the necessary approval of the other allied agencies for the smooth execution of the work. When the plaintiff had been restrained by the appropriate authorities in the execution of the work for no fault of the plaintiff and the plaintiff had been necessitated to continue the work only after the abovesaid bottlenecks had been cleared by the defendants 1 to 3 in toto, in such view of the matter, as rightly found and determined by the trial court, the plaintiff cannot be faulted for the alleged delay in the execution and completion of the work in question.

16. According to the plaintiff, due to the rocky condition of the soil enroute qua the work in question, it has to employ blasting of the rocks and on account of the same, according to the plaintiff, it had incurred additional expenses and also some delay had occurred and therefore, according to the plaintiff, the delay on account of the abovesaid factors is not due to it and the same had occurred only due to the condition of the soil.

17. Per contra, according to the defendants 1 and 2, for studying the condition of the soil with reference to the route in question for which the work had been entrusted to the plaintiff, a committee was constituted and the committee had inspected the site in question and submitted its report, which document has come to be marked as Ex.B34. It is seen that the abovesaid committee itself has been constituted only as per the instruction of the second defendant. Therefore, inasmuch as the defendants 1 and 2 are also right through involved and been part and parcel of the work in question and as they have to approve the work of the plaintiff and also made payment to the plaintiff through the third defendant and when the plaintiff had come forward with the case that the condition of the soil was not ordinary but full of rocks and pits and he had been necessitated to employ blasting, with a view to ascertain the said case of the plaintiff, it is seen that a committee had been constituted by the defendants 1 and 2. Considering the committee report marked as Ex.B34 and the other materials on record, it is found that the pulling of OFC work was between Kangayam-Uthiyur about 13.4 Kms and it is found that the work in the entire route was done by the two contractors of the third defendant, namely, the plaintiff and M/s. GSS construction. It is seen that section-1 from Kangayam towards Uthiyur for the distance of 6.5 Kms was done by the plaintiff and in continuation of the same, the second section work towards Uthiyur was done by M/s. GSS construction for 6.9 Kms. From the committee report, marked as Ex.B34,when it is clearly made out therein that Section-1 from Kangayam towards Uthiyur for the distance of 6.5 Kms, which had been entrusted to the plaintiff, was not offered for any sample check by the third defendant and the trial of 10 pits in the second section alone was offered for joint inspection, in such view of the matter, when the abovesaid committee's report is found to be pertaining to only to the route qua the work entrusted to M/s. GSS construction, accordingly, it is evident that the said report of the committee, cannot be the basis for holding that the soil condition of the route entrusted to the plaintiff was only ordinary and not consisting of rocks and pits as put forth by the defendants 1 and 2. On the other hand, as could be seen from the abovesaid committee report,when the committee had not conducted any inspection of the soil condition concerning the route with reference to which the work had been entrusted to the plaintiff, in such view of the matter, it is found that the abovesaid report of the committee, would not, in any manner, be useful to uphold the defence version of the defendants 1 and 2 and on the other hand, as could be seen from the materials available on record, as the route for which the work had been entrusted to plaintiff was fully of pits and rocks, eventually, the plaintiff had been necessitated to employ blasting operations to do the trenching work and in such view of the matter, it is found that the contention of the counsel appearing for the defendants 1 and 2 that the abovesaid committee report would falsify the plaintiff's case, cannot be accepted in any manner.

18. In this matter, considering the evidence of D.Ws. 1 and 2 in toto, when it is seen that D.W.1 in particular has admitted that the contract work should be supervised by the defendants 1 and 2 daily as per the circular issued to them and also ascertain the expenditure incurred by the contractor with reference to the expenditure incurred qua the work in question and further admitted that it is only the defendants 1 and 2 who are responsible for the obtainment of permission from the Highways department and also the need for the plaintiff to employ blasting operation to do the trenching work, etc, in such view of the matter, the plaintiff cannot be held to be responsible for the delay in the completion of the work. Furthermore, considering the measurement book projected in the matter marked as Ex.B11, when it is seen that the same reflected the progress of the work on day to day basis and when it is further seen that only on account of the delay of the defendants in obtaining the permission from the allied departments for continuing the work on the part of the plaintiff, in such view of the matter, naturally, as determined by the trial court, the plaintiff would not be able to complete the work within the stipulated period. Therefore, the delay aspect projected by the defendants 1 and 2 as well as the third defendant on the part of the plaintiff has been rightly turned down by the trial court and the materials placed on record also point out that the plaintiff is not responsible for the delay in the execution and the completion of the work in question.

19. After the work in question has been completed by the plaintiff, it is found that he had entrusted the bills for payment. However, for one reason or the other, the bills submitted by the plaintiff had not been cleared by the defendants 1 and 2 and accordingly, it is found that the plaintiff had been necessitated to institute the suit against the defendants for appropriate remedy. Considering the nature of the work entrusted to the plaintiff and done by it and the entitlement of the plaintiff to the payment for the work done by it, when as abovenoted, there is no delay on the part of the plaintiff in the execution and completion of the work in question and when the defendants are not entitled to deduct the payment and recover from the plaintiff's other bills as set out in the plaint, in such view of the matter, it is found that the defendants 1 to 3 are jointly and severally liable to pay the suit amount to the plaintiff as determined by the court below.

20. The argument has also been put forth that the suit laid by the plaintiff is barred by limitation and that the trial court has no jurisdiction to entertain the suit. However, considering the location of the second defendant within Erode town and the execution of the work at Kangayam also falling within the jurisdiction of the trial court and the floating of the tender and negotiation of the same having been done at Erode and finally concluded at Erode, in such view of the matter, the trial court is fully justified in holding that it has got the territorial jurisdiction to entertain the suit.

21. As regards the plea of limitation, considering the delay aspects in the execution of the work as abovepointed out and when the delay aspects attributed for the work in question was not on the part of the plaintiff and only on account of the defendants 1 to 3 in toto , in such view of the matter, it is seen that as determined by the trial court, the plaintiff had instituted the suit for the recovery of the amount due to it, as soon as the work is completed, a

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fter submitting the necessary bills to the defendants 1 to 3 and inasmuch as the defendants 1 to 3 had failed to honour its bills for one reason or the other, it is found that the plaintiff had been necessitated to prefer the suit against them and in such view of the matter, there is no delay on the part plaintiff in laying the lis and accordingly, the suit is within the time allowed by law as determined by the trial court. 22. The determination of 6% of interest by the trial court from the date of plaint till the date of realisation, considering the facts and circumstances of the case, cannot be faulted with in any manner and when the quantum of subsequent interest is purely within the discretion of the court, the same having been exercised by the trial court rightly and in such view of the matter, I do not find any reason to interfere with the quantum of subsequent interest awarded by the trial court despite the position that the work in question is of a commercial nature. 23. The counsel for the plaintiff, in support of his contentions placed reliance upon the decision reported in (2015) 4 Supreme Court cases 136 (Kailashnath Associates vs. Delhi Development Authority and another) and (1974) 2 Supreme Court cases 231 (Union of India vs. Raman Iron Foundry). Similarly, in support of his contention, the counsel for the defendants 1 and 2 placed reliance upon the decision of the Apex Court dated 02.07.2015 in Civil Appeal No.3353 of 2005 (M/s.Essar Oil Ltd., vs. Hindustan Shipyard Ltd., and ors) and the decision of this Court dated 28.02.2011 passed in OSA No.113 of 2004 (M/s. Karpara Project Engineering, Surat vs. Bellarpur Industries Ltd., New Delhi and others). The counsel for the third defendant, in support of her contention, placed reliance upon the decisions reported in MANU/DE/0556/2004 (Raj and Associates and Anr. vs. Videsh Sanchar Nigam Limited and ors), (2009) 17 Supreme Court Cases 657 (Vivek Automobiles Ltd., vs. Indian Inc) and decision of the Apex Court dated 14.11.2008 in SLP (C) No.19515 of 2004). The principles of law outlined in the abovesaid decisions are taken into consideration and followed as applicable to the case at hand. 24. In the light of the abovesaid discussions, the trial court is found to be justified in holding that the defendants 1 to 3 are jointly and severally liable to pay the suit amount along with subsequent interest at the rate of 6% per annum as determined by it and in such view of the matter, when the abovesaid determination of the trial court is found to be passed on the proper appreciation of the oral and documentary evidence adduced in the matter and in such view of the matter, the points No.1 to 5 are accordingly answered against the defendants 1 to 3 and in favour of the plaintiff. Point Nos. 6 to 8 In conclusion the judgment and the decree of the trial court are confirmed and accordingly the first appeal is dismissed with costs and the cross objection is also dismissed.
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