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2019 Supreme(Del) 431

PRATHIBA M.SINGH
Ved Prakash Mithal – Appellant
Versus
Kirorimal College – Respondent


Advocates Appeared:
Peeyoosh Kalra, Adv., L.S. Aincol, Adv., Santosh Kumar, Adv., Bibin Kurian, Adv., Sarthak Agarwal, Adv., Hardik Rupal, Adv., Prang Newmai, Adv.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The Plaintiff has filed the present suit for recovery of a sum of Rs. 2,59,95,243/- along with interest against the Principal, Kirorimal College Defendant no.1 and its Chairman Secretary, The Management/Governing Body of Kirorimal College Defendant no.2.

2. No relief is pressed for against Defendant no.3 Vice Chancellor, Delhi University. Accordingly, Defendant No.3 is deleted from the array of parties.

3. A tender was floated by Kirorimal College, University of Delhi, for construction and renovation of the second floor at the college campus vide letter dated 13th January, 2009. Pursuant to the said letter, agreement dated 14th January, 2009 was entered into between the parties, which contains the following clauses:-

"9. Apart from the agreement, terms and conditions mentioned in the bidding document and General Conditions of Contract for Central P.W.D. Works 2008 are also part of the agreement.

10. All disputes arising out of or in any way connected with this Agreement shall be deemed to have arisen in Delhi and only the court in Delhi shall have jurisdiction to determine the same."

4. The work was to be completed by 19th January, 2010. However, there











































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