for doing the project work. Defendant entered into oral contract with the petty contractors. Plaintiff is one of the petty contractors engaged by the Defendant from the year 1995 and have entrusted General Civil Works to the Plaintiff. Defendant used to supply new materials like cement, E.C.Bag, T.R.S.Rod, Rail, M.S.Rod, Str.Steel and Road Roller etc. In the usual course, after finishing the entrusted work, the final bill will be settled by the Defendant after deducting cost of materials, power consumption and income tax etc. Defendant used to retain 5% of the total bill amount as security deposit and the same is liable to be returned to the Plaintiff. In that way, a sum of Rs.13,83,120/- and Rs.9,100/- are lying with the Defendant as security deposit from 31.03.1997. It is further averred that Plaintiff had finished all the works entrusted by the Defendant up to the Defendant's satisfaction and the bills were also settled till 31.03.1997 except the security deposits retained by the Defendant. By their letter dated 31.03.1997 [Exs.P1 and P2], Defendant has also confirmed the non-payment of security deposits. According to Plaintiff, inspite of repeated demands to settle the sums retained by the Defendant, the Defendant failed and neglected to settle the same. On 18.03.2000, Plaintiff issued lawyer's notice [Ex.P3] to the Defendant and though the notice was served upon the Defendant, the Defendant neither issued reply nor returned the security deposits. Hence, Plaintiff has filed the suit for recovery of a sum of Rs.13,92,220/- payable with interest.
