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2018 Supreme(Del) 3080

PRATHIBA M.SINGH
ASHOO DECOR(INDIA) – Appellant
Versus
AJAY ENTERPRISES PVT LTD – Respondent


Advocates Appeared:
For the Plaintiff : Mr. A.K. Verma & Mr. Vibhu Verma, Adv.
For the Defendants : Ms. Vidhi Goel & Mr. Vinod Kapoor, Adv.

JUDGMENT :

Prathiba M. Singh, J.

1. The present suit has been filed by the Plaintiff seeking recovery of a sum of Rs.1,42,17,569/-against the Defendants. Defendant No.2 is the Managing Director of Defendant No.1. Defendant No.2 is deleted from the array of parties. Defendant No.1 had floated a tender in response to which the Plaintiff had submitted its bid. Vide letter of intent dated 7th July, 2009, the Plaintiff was awarded the project for Supply, Installation, Testing and Commissioning of Aluminum Structural Glazing (Semi Unitized) and ACP Work for the Defendant’s Project: Eros Corporate Park, Block No. K, Sector-2, Manesar, Gurgaon, Haryana. The case of the Plaintiff is that several disputes arose in respect of the said work order, which was issued for a sum of Rs.3,48,65,621/-. The work order was issued after a delay of five months. The Plaintiff submitted the gross final bill for Rs. 5,20,70,080/, against which, it claimed to have received only Rs.4,29,52,667/-. Despite repeated requests and reminders, the outstanding amount was not paid and hence Plaintiff filed the present suit claiming the principal sum of Rs.88,85,981/-. The suit amount of Rs.1,42,17,569/-includes the inter










































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