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2017 Supreme(Del) 2261

VALMIKI J.MEHTA
NORTH DELHI MUNICIPAL CORPORATION – Appellant
Versus
PREM CHAND GUPTA – Respondent


Advocates Appeared:
For the Appellant : Mr. Sunil Goel, Ms. Supreet Bimbra

JUDGMENT :

VALMIKI J. MEHTA, J.

1. There is a limited legal issue which arises for determination in these appeals and which is as regards the entitlement claimed by the appellant/defendant to not pay interest in view of Clause 9 of the Contract and which reads as under:-

“Clause 9 AFTER AMENDMENT:

“CLAUSE 9

Payment of Final Bill

The final bill shall be submitted by the contractor in the same manner as specified in interim bills within three months of physical completion of the work or within one month of the date of the final certificate of completion furnished by the Engineer-in-Charge, whichever is earlier. No further claims shall be made by the contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payment of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by Engineer-in-Charge, will, as far as possible be made after the period specified hereunder, the period being reckoned from the date of receipt of the bill by the Engineer-in-Charge or his authorized Asstt. Engineer, complete with account of materials issued by the Department and dismantled.(sic mater





























































































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