VALMIKI J.MEHTA
SRS Construction & Earth Movers – Appellant
Versus
SENBO Engineering Ltd. – Respondent
VALMIKI J. MEHTA, J.
1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 31.03.2016 by which trial court has dismissed the suit for recovery of Rs. 5,91,616/- filed by the appellant/plaintiff against the respondent/defendant. The amount prayed in the suit was the claim for the balance due for the work done by the appellant/plaintiff for the respondent no. 1/defendant no. 1 for the Delhi Metro Rail Project at Delhi.
2. The facts of the case are that the appellant/plaintiff filed the subject suit pleading that the respondent no. 1/defendant no. 1 was given construction work by the Delhi Metro Rail Corporation Limited at IGI Airport, Delhi and a part of this work was sub-contracted by the respondent no. 1/defendant no. 1 to the appellant/plaintiff in the year 2008. The appellant/ plaintiff after having done the work, raised invoices totaling to Rs. 63,96,379/- against which an amount of Rs. 59,53,767/- was paid by the respondent no. 1/defendant no. 1 leaving a balance due amount of Rs. 3,19,026/-. In addition to this amount, a further amount of Rs. 51,295/
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