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...................................

Advocate

...................................

Date ............................
TO,
The Secretary to the Govt. of Gujarat,
....................... Deptt.,
Gandhinagar.

Re: Notice under section 80, Code of Civil Procedure

Dear Sir,

Under instructions and authority from my client Shri

....................... residing at ....................... and carrying on the business of
.................. at ........................ I hereby give you notice that unless the sum
of Rs. 14,17,000/- and interest @ 18 % per annum upto the date of
payment is paid to him within a period of two months from the receipt
of this notice, my client will be constrained to file a suit for recovery of
the said amount against the Government of Gujarat in the competent
court and the Government shall be responsible for the costs and
consequences. They will also be liable for an amount of Rs. 2000/ -
towards the legal expenses of this notice.
 This shall be done with regard to the following cause of action:

1. Y My client is an approved Govt. Contractor, who had filed a

tender form duly filled in to the Superintending Engineer, Capital
Project Circle, Gandhinagar in response to the public notice
published in the daily newspaper for the construction of a road
from Gandhinagar to Ahmedabad. The said tender was accepted
by the appropriate authority as it was the lowest price quoted for
the said work and the Work Order was issued accordingly.

2. Y My client started the work of construction as per the agreement

signed with the authorities and also completed the said work
within the time stipulated in the contract.

3. Y The inspection was done by the Executive Engineer thereafter

and a satisfactory inspection report was submitted to the
Superintending Engineer by him about the quality of work done
by my client. Furthermore, no complaint as such was received
from the public in general or from any concerned authority with
respect to the said work.

4. Y During the continuation of the construction work myclient was

paid an amount of Rs. 77,55,000/- from time to time and a
balance of Rs. 14,17,000/ - is due for payment. My client
repeatedly wrote letters to the Superintending Engineer on three
different occasions for the release of the outstanding amount. But,
the Superintending Engineer neither replied nor complied with
the letters.
5. Y Moreover, in a subsequent meeting with my client,
Superintending Engineer refused to make the payme nt on the
ground that the work done by my client was defective and not as
per the standards of quality required. The remark made by the
Superintending Engineer was in contrast to the inspection report
submitted by the Executive Engineer to his office.

6. Y My client has performed his part of contract and he is thus,

entitled to claim the due amount of Rs. 14,17,000/ - and interest @
18% p.a. on the said amount upto the date of recovery of the said
amount.

7. Y The cause of action, to issue this notice and to file a suit against
the Government of Gujarat for the recovery of the said amount,
arose when my client visited the office of the Superintending
Engineer in person and was refused the outstanding payment.

Yours
faithfully,

.......................