JUDGMENT :

1. By virtue of this notice of motion, the plaintiff seeks a decree on admission under the provisions of Order XII Rule 6 of the Code of Civil Procedure, 1908 (‘the Code’).

2. The background facts necessary for the determination of this notice of motion, can be stated as under:-

(a) The plaintiff-firm’s bid for construction of residential buildings, amenity buildings and onsite infrastructure works on plot bearing S.No. 239 (part), CTS No. 827-D at Dindoshi, Mumbai was accepted by the defendant, which is a company fully owned by the Government of Mahabharata vide Tender Acceptance letter dated 6th April 1999. A formal contract came to be executed and the defendant issued the work order on 28th April 1999. In the said work order, it was mentioned that M/s.Shirish Patel & Associates Consultants Private Limited would perform and act as “Engineer” as provided in the contract.

(b) It is the case of the plaintiff that the plaintiff had mobilized the resources for expeditious completion of the work in terms of the contract. However, it could not execute the work on account of the events, acts and omissions attributable to the defendant, including :

(a) Non-availability of approach r