Summary judgment applications require that no real disputes exist; if substantial triable issues are identified, the case must proceed to a full trial.

1. The instant application has been preferred by the Plaintiff, seeking a summary judgment based on the documents available on record.

2. The facts of the case hereunder would indicate that the Plaintiff, ABB India Limited, entered into various contracts in the year 2011 with ICI-C&C Mainpuri JV for design, supply, erection, testing, and commissioning of certain transmission works in Uttar Pradesh. Subsequently, by way of novation in 2014, the contracts were assigned to Isolux Corsan and SEUPPTCL, with the total contract value revised to ?1068 crores.

3. Owing to persistent defaults in payment, the Plaintiff suspended work in March 2016. Thereafter, negotiations were undertaken between the Plaintiff, Defendants, Isolux, and SEUPPTCL to resolve the outstanding disputes and ensure completion of the project.

4. On 29.06.2017, a settlement was recorded in the form of Minutes of Meeting (hereinafter referred to as “MoM”), executed, interalia, by the Plaintiff and Defendants. Under this MoM, the Plaintiff undertook obligations including energisation of COD-1 and securing the release of Advance Bank Guarantees, while the Defendants and SEUPPTCL agreed to a payment mechanism.

5. As per the MoM, an amount of ?5.61 crores per month, being one-third of the Monthly Transmission Charges, was to be disbursed to the Plaintiff from the project revenues routed through a Trust and Retention Account (“TRA”), until the outstanding dues were liquidated.

6. The case of the Plaintiff is that it had complied with its obligations, including energisation of COD-1, and release of Advance Bank Guarantees of ?37.89 crores. The part payments were made in November 2017 and January 2018 in accordance with the MoM. However, the Defendants, thereafter, allegedly failed to deliver the payments through the TRA, resulting in outstanding dues of approximately ?193 crores.

7. Alleging breach of the MoM and misappropriation of sums, the Plaintiff instituted the present suit seeking recovery of the aforesaid amount along with interest. By way of the present application under Order XIII-A CPC, the Plaintiff prays for summary judgment on the basis that the liability of the Defendants under the MoM stands admitted and no triable issues arise.

8. Mr. Arvind K. Nigam, learned Senior counsel for the Plaintiff, submits that the present case is a fit case for the exercise of powers under Order XIII-A of the Code of Civil Procedure (hereinafter referred to as “CPC”), as the claim rests upon admitted documents and undisputed facts, thus leaving no room for oral evidence or trial.

9. It is urged that the Minutes of Meeting dated 29.06.2017 (“June 2017 MoM”) constitute a binding and enforceable agreement duly signed by the parties, including the Defendants herein. The MoM recorded a settlement under which the Plaintiff undertook to resume performance of works, energise COD-1, and secure release of Advance Bank Guarantees, while in return, the Defendants undertook to ensure that a fixed sum of ?5.61 crores per month, being one-third of the Monthly Transmission Charges, was disbursed to the Plaintiff from the project revenues maintained in the Trust and Retention A