JUDGMENT

Manmohan, J. - Present appeal has been filed challenging order dated 7th January, 2021 passed by learned District Judge (Commercial court-05), Central Delhi, Tis Hazari in CS(COMM) 683/2020, whereby the respondent's application under Order XII Rule 6 has been allowed and the suit has been decreed against the appellant.

2. Briefly stated, the facts of the present case are that RespondentPlaintiff was awarded five work orders on 1/4/2016 and it completed the RFA (COMM.) 6/2021 Page same within stipulated time, to the satisfaction of the appellant. The final bills for all work orders amounting to Rs. 38,34,799/- were approved by the appellant. However, the payment was not released within prescribed time. Thereafter, the respondent-plaintiff sent a legal notice to the appellant to which the appellant replied stating that the payments would be made after the amount is released by the SDM/Delhi Government. The respondent-plaintiff then filed the suit for recovery before the District Court.

3. Appellant contested the suit and admitted its liability to pay the amount of passed bills but stated that work orders were placed at the request of SDM/Delhi Govt. and due to non receipt of pa