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2015 Supreme(Del) 1525

VALMIKI J.MEHTA
DELHI METRO RAIL CORPORATION LTD. – Appellant
Versus
SATISH GUJRAL – Respondent


Advocates:
Advocate Appeared:
Mr. Tarun Johri, Advocate.
Mr. Venancio D’costa, Advocate with Mr. Saleem Hasan, Advocate.

JUDGMENT

VALMIKI J. MEHTA, J.

1. This is a suit for recovery of money filed by plaintiff/Delhi Metro Rail Corporation Ltd. A total amount of Rs.36,50,000/- (Rupees Thirty Six Lacs Fifty Thousand only) is claimed from the defendant. Out of the amount of Rs.36,50,000/-, an amount of Rs.10,00,000/- (Rupees Ten Lacs only) is the amount which was paid as advance to the defendant for the eight artworks/murals which the defendant was to create and thereafter supply to the plaintiff, and with respect to which obligation the defendant has as per the suit, committed breach. Plaintiff claims that defendant has committed breach of contract by withdrawing from the project and even the two murals, out of the total of eight murals which the defendant had to supply, were not made on the agreed subject matter of “Speed”, and hence, defendant is liable to refund the amount of Rs.10 lacs which was paid as an advance amount by the plaintiff to the defendant. The price of the eight murals which was to be paid to the defendant was a sum of Rs.20 lacs. The plaintiff in addition to recovery of the advance of Rs.10 lacs seeks damages of Rs.25 lacs on account of delay in the finalisation of the finishes and t











































































































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