JUDGMENT

I.A.1529/2022

1. An application under Section XIIIA of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the plaintiff for Summary Judgment.

2. The facts in brief are that in October, 2018 the defendant approached the plaintiff in Delhi for supply of infrastructure and services for 'Pravasi Bhartiya Divas-2019' to be held from 21st January, 2019 to 23rd January, 2019 at Varanasi, Uttar Pradesh. Various correspondences were exchanged for negotiations between October, 2018 to December, 2018 which resulted into an Agreement dated 27th December, 2018 through e-mail which recorded the scope of infrastructure and services to be supplied by the plaintiff and the consideration to be paid by the defendant was decided as ?12,98,00,000/- inclusive of Goods and Service Tax (GST). The payment schedule was agreed as under:

"50% advance with work order latest by tomorrow 25% part-payment on or before 15th January. Balance within 30 days of completion of event"

3. On 29th December, 2018 the Billing Department of the defendant prepared a draft written Agreement describing the agreed scope of infrastructure and services, but proposed the different timin