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2013 Supreme(P&H) 991

SANJAY KISHAN KAUL
Shiv Shakti Builders – Appellant
Versus
Parvati Durga Coop. Group Housing Society Ltd. – Respondent


Advocates:
For the Petitioner:Mr. S.K.Monga, Advocate.
For the Respondent:Mr. Sudhir Aggarwal, Advocate.

JUDGMENT

Mr. Sanjay Kishan Kaul, C.J. (Oral):- Heard learned counsels for the parties.

2. The attention of this Court has been drawn to the final bill raised by the petitioner (Annexure R-4 page 123), in terms whereof total amount demanded was Rs. 1,64,36,867/-. The break up of this amount is as under:-

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Final bill amount 1,14,10,953/-.

Increase amount of raw material 35,25,914/-

Security deposit 15,00,000/-

Total 1,64,36,867/-

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3. The aforesaid bill was opposed and settled at Rs. 1,03,000,00/- on 18.09.2012 as signed by both the parties stating that the balance payment left is of Rs. 30 lacs which would be paid on 30.09.2012. There are two endorsements made on this letter thereafter showing receipts of Rs. 10 lacs each totaling to Rs. 20 lacs on 12.10.2012 leaving a balance of Rs. 10 lacs. This amount of Rs. 10 lacs has not been paid.

4. Learned counsel for the petitioner seeks to rake up the issue of the bala







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