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2011 Supreme(Del) 141

V.K.SHALI
Fedders Lloyd Corp. Ltd. – Appellant
Versus
Sportinapayce Infrastructure Pvt. Ltd. – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/plaintiff: Sadeep Sethi, Sr. Adv. and P.S. Bindra, Adv.
For Respondents/Defendant: Akshay Ringe, Nikhil Rohtagi, Rishabh Bhutani and I.S. Alag, Advs.

JUDGMENT

V.K. Shali, J.

1. This order shall dispose of applications bearing No. 14978/2009 under Order XXXIX Rules 1 and 2 CPC, 15460/2009 under Order XXXIX Rule 4 code of Civil Procedure and 15480/2009 under Order VI Rule 17 CPC.

2. Briefly stated the Plaintiff is a company incorporated under the Companies Act, 1956 having its registered office at C-4, Phase-II, Noida (U.P.) and Branch Office at 159, Okhla Industrial Estate, Phase-III, New Delhi-110020. The present suit for declaration, cancellation and mandatory injunction was filed through its senior General Manager and authorized signatory who is stated to be duly authorized in this regard. It was alleged in the plaint that the Defendant No. 1 is a private limited company duly registered under the Companies Act, 1956. It is engaged in construction work and providing infrastructure facilities. It was awarded a Work Order by DDA for construction of swimming pool, training hall, fitness centre and athletic track at Commonwealth Games Village near Akshardham Temple, Delhi for a total value of Rs. 63 crores. The Defendant No. 1 assigned a part of the said work for structural steel fabrication to the Plaintiff, the value of which was ap


































































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