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2019 Supreme(Online)(DEL) 4270

HIGH COURT OF DELHI
NBCC (INDIA) LTD. – Appellant
Versus
M/S TH. JADUMANI SINGH – Respondent


JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL.50059/2019 (exemption)

Exemption is allowed subject to all just exceptions.

C.R.P. 265/2019 & CM APPL.50058/2019 (stay), CM APPL.50060/2019 (stay)

1. Petitioner impugns order dated 17.07.2019, whereby, the application of the respondent under Order 11 Rule 12 and 14 CPC has been allowed and respondent has been directed to produce the documents.

2. Respondent had filed the subject suit for recovery of Rs.36,40,000/- being the balance amount payable to the respondent for execution of the contract.

3. One of the issues raised by the petitioner in its defence was that they had imposed liquidated damages and the amount was not payable. After the written statement was filed, subject application under Order 11 Rule 12 and 14 CPC was filed seeking the petitioner to discover the following documents:-

S.No. Documents

S.No. Documents
1. Details of Extension of time given during the course of contract either provisionally or otherwise at different times by the defendant to the plaintiff.
2. Copy of EOT submitted by Plaintiff on 24.05.2010 and 02.04.2013 which was resubmitted on 22.06.2013
3. Copy of final bill submitted by Plai

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