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2012 Supreme(Del) 520

SANJAY KISHAN KAUL, RAJIV SHAKDHER
K. K. Cooperative Group Housing Society Ltd. – Appellant
Versus
Goel Associates – Respondent


Advocates Appeared:
For the Appellant:Yunus Malik, Advocates.
For the Respondent:D.R. Bhatia, Advocate.

Judgment :

SANJAY KISHAN KAUL, J.

1. The appellant society entered into an Agreement with the respondent on 07.05.1988 in terms whereof the services of the respondent were engaged to carry out the work of development of land allotted to the society and construction of different types of houses including providing electrical and sanitary installations and other services. The services as an Architect to be provided by the respondent were detailed in para 1 of the Agreement while the fees and reimbursement was provided in para 2 therein. The drawings were to be prepared by the respondent. The relevant clauses are extracted hereunder:

“1. ARCHITECTS?SERVICES : The Architects will render all services including helping in :-the land allocation at PAPANKALA, New Delhi, arrangement of loan, sanctioning of quotas of Steel, Cement, G.I. Pipes, Bricks, etc. and all services from the drawing of the site-plan, sketches, etc. to the obtaining of completion certificate, and the appointment of various contractors and sub-contractors which will be wholly choice of the Managing Committee of the Society (Employer). The Architects shall take the Employer’s instructions and carry out all work such as su
































































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