JUDGMENT

MANOJ KUMAR OHRI, J. (ORAL)

I.A. 4482/2021 (u/Order XII Rule 6 CPC) in CS(COMM) 540/2017

1. By way of captioned application, the plaintiff seeks following prayer:

“Direct the Defendant to pay the amount admitted in tax certificates amounting Rs. 1,37,00,000/- alternatively the amount admitted in the reply to the legal notice amounting to Rs. 42,06,000/- due to the Plaintiff”

2. Plaintiff has instituted the underlying suit for recovery of Rs.2,17,60,000/-. In the plaint, it is claimed that the defendant was awarded a Contract by Haryana State Industrial & Infrastructural Corporation Ltd. for development of infrastructural work for development of an industrial township in Rohtak, Panipat and Rai. The defendant sub-contracted part of the work to the plaintiff by way of two separate contracts. The plaintiff claimed its entitlement to receive an amount of Rs.4.76 crores. After adjustment of accounts, the amounts remaining recoverable, plaintiff issued legal notice dated 05.07.2014 thereby asking the defendant to pay the balance remaining amounting to Rs.1.60 crores. The defendant replied to the said legal notices vide its reply dated 19.07.2014.

3. Learned counsel for the plaintiff