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2023 Supreme(Del) 141

MANOJ KUMAR OHRI
Garg Construction Company – Appellant
Versus
North Delhi Municipal Corporation – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sandeep Agarwal, Sr. Advocate with Mr. Sandeepan Pathak, Mr. Manish Kumar Srivastava, Mr. Sagar Arora, Mr. Mayank Goel, Mr. Tarun Diwan, Ms. Pyari, Ms. Himanshi Bhardwaj, Mr. Vasu Bhardwaj, Mr. Robin Bhardwaj, Ms. Vandana Bhanot, Mr. Khwaja Siddiqui, Mr. Ashwani Kumar, Mr. Ramneek Singh, Ms. Jyoti Nambiar and Mr. V.P. Rana, Advocates
For the Respondent:Mr. Kunal Vajani and Mr. Siddhant Nath, Standing Counsels for MCD with Mr. Utkarsh Kulvi, Advocate

JUDGMENT :

Manoj Kumar Ohri, J.

1. By way of the present batch of petitions filed under Article 226 of the Constitution of India, the petitioners have sought release of payments due and payable to them under the bills prepared and approved by respective Assistant Engineer(s) and counter-signed by Junior Engineer(s) of the erstwhile North Delhi Municipal Corporation, East Delhi Municipal Corporation and South Delhi Municipal Corporation (hereinafter, collectively referred to as ‘Corporation’) against the works executed by the petitioners. The petitioners have also claimed interest @ 24% per annum from the date of approval of the bills.

2. As the issue raised in all petitions is the same, they have been taken up for consideration together and are being disposed of accordingly vide a common judgment. With the consent of the parties, W.P.(C) 116/2021 is being treated as the lead case.

3. A perusal of the petitions would show that the petitioners claim themselves to be registered contractors engaged with the Corporation for carrying out development work in various municipal wards. They

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