N.KIRUBAKARAN, P.D.AUDIKESAVALU
Chaitanya Builders and Leasing Private Limited, “Kakani Towers”, Chennai – Appellant
Versus
Rahul Foundations, Rep. by its Proprietor, Chennai – Respondent
JUDGMENT :
P.D. Audikesavalu, J.
Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, praying to set aside the Judgment and Decree dated 06.02.2017 in C.S. No. 463 of 2011.
(through video conference)
1. The intra-court appeal arises out of the judgment and decree dated 06.02.2017 in C.S. No. 463 of 2011 passed by the Learned Judge on the Original Side of this Court.
2. The parties are hereinafter referred to as per their description in C.S. No. 463 of 2011 for the sake of clarity and convenience.
3. We have heard Mr. J.Sivanandaraj, Learned Counsel appearing for the Defendant and Mr. K.V.Babu, Learned Counsel for the Plaintiff and perused the materials placed on record, apart from the pleadings of the parties.
4. The Defendant had issued a Work Order and Supplementary Work Orders to the Plaintiff for construction in its commercial project at Royapettah High Road, Chennai as per the particulars shown below:-
| Ex.No. | Date | Description | Value |
| P-1 | 13.11.2006 | Work Order | Rs. 1,17,98,260.00 |
| P-2 | |||
Inder Singh Rekhi vs. Delhi Development Authority [(1988) 2 SCC 338]
Inder Singh Rekhi vs. Delhi Development Authority [(1988) 2 SCC 338]
Aries and Aries vs. Tamil Nadu Electricity Board [(2018) 12 SCC 393]
State of Rajasthan vs. Ram Kishan (AIR 1977 Raj 165 FB)
State of U.P. vs. Thakur Kundan Singh (AIR 1984 All 161)
Union of India vs. West Coast Paper Mills Ltd.
Khatri Hotels Private Limited vs. Union of India (2011) 9 SCC 126
Rukhmabai -vs- Lala Laxminarayan (AIR 1960 SC 335)
Assam State Electricity Board vs. Buildworth Private Limited (2017) 8 SCC 146
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