3 It is the case of the petitioner that on or about October 2007, the respondent company invited offers from the petitioner for providing the services of labour on contract basis for the purpose of construction of a municipal primary school at Vikroli (W), Mumbai. The work order was issued on 24 November 2007. A clause specified for payment terms. The petitioner agreed to complete the work by 31 October, 2008. Accordingly, the petitioner mobilized resources to complete the work as per the schedule. But, according to the petitioner, there were delays on the part of the respondent company and despite repeated assurances by the respondent the situation at the site did not improve. The petitioner completed the construction of fourth slab in November 2008 and after the completion of fourth slab, the respondent company called upon the petitioner to cease casting of further slabs. It is the case of the petitioner that petitioner has been raising running account bills since commencement of the work from 29 January 2008 to 26 June 2009. According to the petitioner under the bills, the respondent company was liable to pay Rs. 79,39,596/to the petitioner, after all the deductions. Final bill was submitted on 10 August, 2009 and according to the petitioner in-spite of series of letters, the respondent company refused to pay the amounts.
