Supreme Court · 2011 INSC 47 · Decided 14 January 2011
R.L. Kalathia & CO. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2011 INSC 47 · [2011] 1 S.C.R. 391
- Case number
- CIVIL APPEAL No. 3245/2003
- Decided
- 14 January 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
1- CONTRACT: Construction contract - Claim for additional work carried c out - Refused on the ground that the claim was laid after receiving final payment -Held : If there is accepted claim, the court cannot reject the same merely because the contractor has issued "No Due Certificate" - bill, enumerated - In the instant case, D ..._ the contractor accepted the amount of the final bill under protest - The contractor had performed additional work and had a genuine claim which was considered in detail and was rightly allowed by trial court - High Court without adverting to factual
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