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2009 Supreme(Del) 857

S.MURALIDHAR
A. S. SACHDEVA AND SONS (P) LTD. – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates appeared:
Through Mr. Raman Kapur with Mr. Dhiraj Sachdeva, Advocate
Through Mr. Bhupesh Narula, Advocate.

JUDGMENT

S. Muralidhar, J.

1. This is a suit for recovery of Rs.32,53,458/- along with pendente lite and future interest at 12 % per annum in favour of the plaintiff together with costs.

2. Defendant No.2, the Executive Engineer of Delhi Development Authority (DDA), invited tenders for the construction of 59 Category-III, and 118 Category-II SFS Houses, 148 MIG flats, 36 shops and a community hall including stilted parking space and internal development (Nagin Lake Apartment) near Village Peera Garhi, Pashim Vihar. The tender of the plaintiff was accepted and the work was awarded to it by the Defendant No.1 DDA. The date of the completion as per the agreement was 1st December 1997. The maintenance warranty period was to expire on the completion of six months thereafter, i.e., on 30th May 1998. According to the plaintiff it completed the entire work to the satisfaction of the defendants DDA on 1st December 1997 and a completion certificate was also issued by the DDA. The final bill was prepared on 26th July 2002. According to the plaintiffs DDA arbitrarily withheld from the amount due to the plaintiff a sum of Rs.45,000/- on account of the alleged repairs and Rs.2,00,000/- without a








































































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