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2015 Supreme(Del) 152

INDERMEET KAUR
Saini Constructions Company – Appellant
Versus
Delhi Jal Board – Respondent


Advocates Appeared:
For the Petitioner:R. Rajappan, Rajasree Ajay, Advocates.
For the Respondent:Suresh Tripathi, Advocate.

JUDGMENT

INDERMEET KAUR, J.

1. M/s. Saini Construction Company (hereinafter referred to as the plaintiff) has filed the present suit seeking recovery of an amount of Rs. 66,72,626/- along with pendente lite and future interest calculated at the rate of 15% per annum beside costs. Out of the sum of Rs. 66,72,626/- the principle figure is of Rs. 51,32,789/- with interest calculated at the rate of 15% per annum which accumulates to Rs. 15,39,837/-. The contention of the plaintiff is that the penalty amount of Rs. 17,58,033.90, earnest money of Rs. 7,73,000/- and the performance guarantee of Rs. 9,76,700/- was illegally deducted from his final bill which amount is liable to be reimbursed to him. He has also claimed damages in the sum of Rs. 10 lacs for the illegal recession of the contract and the consequential loss of profits which was suffered by the plaintiff and compensation due to the breach of the contract.

2. The plaintiff is a registered Government contractor executing various works with the Government and other local bodies including Delhi Jal Board (hereinafter referred to as the defendant).

3. Parties had entered into a contract on 14.04.2005 for execution of work to be carried


































































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