P.T.Thomas v. State
Case brief
What is this about?
Appeals by a contractor against dismissal of suits claiming interest on delayed bill payments. The High Court held that the contractor accepted the amount via printed receipt as final settlement without protest, defeating the interest claim.
What did the court decide?
The three regular second appeals were dismissed without costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
RSA.No. 909 of 2004 (G)
AGAINST THE DECREE AND JUDGMENT DATED 22.09.2003 IN AS No.145/2001 of ADDL.DISTRICT COURT, KOTTAYAM
AGAINST THE JUDGMENT AND DECREE DATED 30.09.2000 IN OS No.363/1999 of PRL.MUNSIFF COURT, KOTTAYAM
APPELLANT/RESPONDENT:
P.T.THOMAS, S/o THOMAS, AGED 58 YEARS, PURAYIDATHIL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT.
BY ADVS.SRI.RAJEEV.P.NAIR SRI.JOE JOSEPH KOCHIKUNNEL SRI.PAULY KURIAN SRI.P.V.GEORGE(ONAKKOOR) SRI.REJI GEORGE
RESPONDENTS/APPELLANTS:
Issues for consideration
2 issues framed by the court
Whether interest is payable for delayed payment of final bills when the plaintiff received the amount and raised no protest, rendering the printed settlement clause binding by conduct.
Whether the print form of receipt containing the settlement clause constitutes a binding agreement despite being printed text.
Parties & counsel
- appellant
P.T. Thomas
- respondent
State of Kerala
Coram
P. Somarajan
Case details
As recorded by the court registry
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