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VIBHU BAKHRU, PURUSHAINDRA KUMAR KAURAV
Rajnish Yadav Proprietor of M/s Bharat Construction Co. – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Vibhu Bakhru, J. Mr. Rajnish Yadav has filed the present appeal under Section 13 of the Commercial Courts Act, 2015 impugning a judgement dated 06.05.2020 (hereafter `the impugned judgement') passed by the learned Single Judge in C.S (COMM.) No. 719/2017 captioned Mr. Rajnish Yadav v. The North Delhi Municipal Corporation, whereby the learned Single Judge dismissed the suit filed by the appellant.
Factual Context
2. The appellant is engaged in the business of civil construction under the name of his proprietorship concern, `Bharat Construction Company'. On 10.02.2012, the North Delhi Municipal Corporation (hereafter `MCD') awarded a contract for construction work at A-74, Phase-I, Naraina Industrial Area to DTC Nallah at Loha Mandi Naraina in Karol Bagh Zone vide work order No. EE-Project Karol Bagh/SYS/2011-2012/14 (hereafter `the Project'), to the appellant for an amount of Rs.4,05,26,960/- (Rupees Four Crores Five Lakh Twenty Six Thousand Nine Hundred and Sixty Only).
3. The appellant states that he deployed men, materials and tools required for construction within a period of ten days from the date of the aforesaid work order. Subsequently, on 11.04.2012 and again on 1
Interest on security deposit is not payable unless the contractor fulfills the conditions specified for refund, which includes obtaining a Labour Clearance Certificate.
The court upheld the trial court's dismissal of the plaintiffs' suit for damages due to insufficient evidence and the contractor's failure to complete the work as per the contract.
The main legal point established is that the respondents were obligated to refund the entire security deposit within six months from the completion of the work, and any claim for deduction/appropriat....
Refund of security deposit - General Conditions of Contract - Period of refund to commence, Contractor must make an application to Labour Officer for issuance of clearance certificate - Absence of su....
The court upheld the binding nature of the contract, ruling that the Plaintiff's claims were untenable due to failure to exercise contractual options and were barred by limitation.
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