* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 538/2017 Date of Decision: 14.07.2023 IN THE MATTER OF:

SUNIL KUMAR ..... Plaintiff Through: Mr. Manish Paliwal and Mr. Nitya Sharma, Advocates Versus LARSEN AND TOUBRO LTD. ..... Defendant Through: Mr. Ankit Chaturvedi, Advocate CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

MANOJ KUMAR OHRI, J. (ORAL)

I.A. 4504/2021 (u/Order XII Rule 6 CPC) in CS(COMM) 538/2017

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

“Direct the Defendant to pay the amount admitted in tax certificates amounting to Rs. 98,00,000/- alternatively the amount admitted in reply to the legal notice amounting to Rs. 24,07,000/- due to the Plaintiff”

2. Plaintiff has instituted the underlying suit for recovery of Rs.1,33,28,000/-. 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 Signature Not Verified CS (COMM.) 538/2017 Page 1 of 9 Digitally Signed defendant sub-contracted part of the work to the plaintiff by way of two separate contracts. Th