PRATHIBA M.SINGH
North Delhi Municipal Corporation – Appellant
Versus
Bharat Arora – 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 Judgment 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 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 Clauses 7 and 9 of the
Cauvery Coffee Traders, Mangalore v. Hornor Resources (International) Co. Ltd.
Central Inland Water Transport Corporation Limited and Anr. v. Brojo Nath Ganguly and Anr.
Himani Alloys Ltd. v. Tata Steel Ltd.
Hungerford Investment Trust Ltd. v. Haridas Mundhra and others
Indian Oil Corporation Limited v. Nilofer Siddiqui & Ors.
Mrs. I.K. Sohan Singh v. State Bank of India
Municipal Corporation of Delhi v. Gurnam Kaur
New Bihari Biri Leaves Co. v. State of Bihar
Super Poly Fabriks Ltd. v. Commissioner of Central Excise, Punjab
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.