PRATHIBA M.SINGH
East Delhi Municipal Corporation – Appellant
Versus
Raj Kumar Jain – Respondent
Prathiba M. Singh, J.
1. These are a batch of appeals which have arisen out of disputes between Contractors/Plaintiffs (hereinafter, ‘Contractors’) on the one hand and the North Delhi Municipal Corporation (hereinafter, ‘NrDMC’) and East Delhi Municipal Corporation (hereinafter, ‘EDMC’), on the other. NrDMC and EDMC are collectively referred to as ‘Corporations'. The facts in each appeal are different and hence separate judgments are being passed in each of the appeals.
2. Briefly, these are cases where various work orders were placed on Contractors by both the Corporations. The works were executed by the Contractors and thereafter, the Engineer-in-Charge has passed the final bills. Payments in respect thereof were not made. Suits for recovery were filed by the Contractors. The Trial Court decreed the suits in favour of the Contractors.
3. In respect of each of the work orders, the Contractors seek either/all of the following payments:
(a). Payment of the principal amount as passed in the final bill;
(b). Refund of security deposit;
(c). Interest on account of late payment of the principal amount, as also due to delay in refund of security deposit.
4. The Corporations rely on Cl
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