JUDGMENT

V. Kameswar Rao, J. - Ia. 7400/2002 (for delay)

This is an application filed by the plaintiff seeking condonation of delay in re-filing the Suit. For the reasons stated in the application, the delay is condoned. Application stands disposed of.

CS (COMM) 517/2016

1. This is a Suit for Recovery filed by the plaintiff / Delhi Development Authority (''DDA'', for short) for Rs.3,23,76,838/-. The prayers made in the Suit are as under:

"It is, therefore, most respectfully prayed that this Hon''ble Court may be pleased to:

(a) grant a decree for an amount of Rs.3,23,76,838/- (it should be Rs.3,23,76,838/- as stated in Para 30 of the plaint) towards penalty under Clause-2 of the Agreement.

(b) grant a decree for Rs.1,62,53,028/- towards the risk and cost expenditure incurred by the Defendant under Clause 3 of the Agreement.

(c) Award interest @18% p.a. from the date of filing of the Suit till realisation.

(d) Costs in the suit may be awarded in favour of the plaintiff and against the defendant.

Any other order or relief as this Hon''ble Court deems fit and proper may be passed in the facts and circumstances'' of the present case."

2. The facts as noted from the plaint are, the plain