Delhi District Court
M/S. Lattice Interiors vs Technopromexport on 6 June, 2018
IN THE COURT OF MS. TWINKLE WADHWA: LD. ADDITIONAL DISTRICT
JUDGE03:PATIALA HOUSE COURT:NEW DELHI DISTRICT
CS No. 56798/16
M/s. Lattice Interiors
Through its Proprietor
Atul Garg at
27 D, Sector31 (Kasna)
Greater Noida, UP. .....Plaintiff
VERSUS
1.TechnoPromExport Through it Director/Proprietor/Authorized signatory/ Site Project Manager at :
(a) 90, Poorvi Marg, Vasant Vihar, New Delhi. Also at :
(b) BARH STTP PO Barh District Patna, Bihar 803215.
(c) Moscow, Russia
2. NTPC Ltd.
Through its Director
Scope Complex, Lodhi Road,
New Delhi. ....Defendants
Date of Institution : 27.08.2015
Date of Final Arguments : 06.06.2018
Date of Decision : 06.06.2018
CS No. 56798/16 Page 1 of 5
JUDGMENT
The Case
1. This suit has been filed by plaintiff company for recovery of Rs.16,82,687.50/ along with interest from the defendant. Summons of the suit were served upon the defendants on 24.02.2016 and 29.04.2016. Despite opportunity, defendant had not filed written statement and their defence was struck off on 12.05.2016 and 10.06.2016.
Appearance
2. I have Ld. Counsel for the plaintiff Shri Kamal Jindal and have perused the case file.
Plaintiff's Case
3. The case of the plaintiff as per plaint and the evidence led is that on 09.11.2012, defendant no.1 had entered into a contract/agreement with the plaintiff for making residential camp at Barh, STTP (site of defendant no.2) for defendant, vide contract no.53054122700 dated 09.11.2012. It is further the case of plaintiff that as per contract, the plaintiff provided two bank guarantees of 5% each of the total cost of the contract. One bank guarantee of Rs.7,42,927.50/ was for satisfactory performance of the contract and the other of Rs.7,42,927.50 for defect liability period i.e. one year after the completion of the work.
4. It is further the case of the plaintiff that 10% retention money was to be deducted from the bills as per the contract. Thereafter, the plaintiff started the construction of the residential camp and also started to issue bills of the work done from time to time but the defendant did not pay the money against the work CS No. 56798/16 Page 2 of 5 done which created unnecessary problem to the plaintiff and he had to suffer huge losses but despite the noncooperation of the defendant, plaintiff being honest to his profession completed the entire work of residential camp in the first week of January, 2014.
5. It is further the case of the plaintiff that plaintiff sent a bill dated 01.02.2014 of Rs.9,39,760/ to the defendant along with the request to release the amount of the retention money and the amount of bank guarantee but the defendant deliberately did not pay any heed to clear the amount of the plaintiff. On 21.01.2014, plaintiff received a letter from the defendant no.1 in response to email dated 06.01.2014, in which some defects were complained in the working, which the plaintiff rectified and the defendant after being satisfied, issued a certificate dated 21.05.2014 to the plaintiff as preliminary acceptance.
6. It is further the case of the plaintiff that despite repeated demands, no payment was made by the defendant. Hence, the present suit was filed.
7. Summons of the suit were served upon the defendants on 24.02.2016 and 29.04.2016. Despite opportunity, defendant had not filed written statement and their defence was struck off on 12.05.2016 and 10.06.2016.
8. To prove its case, Plaintiff examined Shri Atul Garg as PW1 and exhibited the following documents S.No. No. of Exhibits Details of the documents 1 Ex. PW1/1(OSR) Contract deed 2 Ex.PW1/2 Bill dated 01.02.2014 3 Ex.PW1/3 Copy of email dated 06.01.2014 4 Ex.PW1/4 Letter dated 21.01.2014 CS No. 56798/16 Page 3 of 5 5 Ex.PW1/5 Certificate of preliminary acceptance dated 21.05.2014 6 Ex.PW1/6(colly) Letter dated 04.02.2015 7 Ex.PW1/7 Copies of letters 8 Ex.PW1/8(OSR) Copy of letter dated 18.03.2015 9 Ex.PW1/9(OSR) Copy of letter dated 05.05.2015 10 Ex.PW1/10(OSR) Copy of Addendum dated 28.06.2016 11 Ex.PW1/11(OSR) Copy of amicable agreement dated 28.06.2016 Reasons for Decision
9. Heard the ld. counsel for the plaintiff and gone through the record.
10. In view of the documents which are duly exhibited on record and which are unchallenged before this Court, it is proved by the plaintiff that before filing of the present suit, plaintiff have already received one bank guarantee of Rs.7,42,927.50 from the defendant back. It is also proved by way of the documents on record i.e. invoices for the work and additional work filed on record, amicable settlement pursuant to the disputes between the parties arrived on record and by way of emails and letters on record, that one bank guarantee of Rs.7,42,927.50 was still with the defendant which was to be paid to the plaintiff besides retention money. Further according to the document Ex.PW1/2 an amount of Rs.9,39,760/ is due and payable to the plaintiff from the defendant.
11. It is further proved by plaintiff on record that in the settlement, he had agreed to waive off the amount of Rs.9,39,760/ in order to receive early payment as work was executed in the year 2013, though legally entitled to receive the same. But no payment was made by the defendant pursuant to the amicable CS No. 56798/16 Page 4 of 5 settlement also. Hence, plaintiff is entitled to claim whole of the amount due.
12. In view of the above, it is proved that plaintiff is entitled to recovery of retention money of Rs.7,42,927.50, recovery of bank guarantee of Rs.7,42,927.50 and an amount of Rs.9,39,760/ from defendant pursuant to the work done. Hence, plaintiff is entitled to an amount of Rs.24,25,615/ and defendant is directed to make the payment of the said amount within two months from today. As it was a commercial transaction between the parties, plaintiff is entitled to interest @ 7% from the date of filing of the suit till actual payment/realisation.
13. The suit of the plaintiff is accordingly decreed for a sum of Rs.24,25,615/ along with interest @ 7% per annum from the date of filing of the suit till the date of realisation.
Decree Sheet be prepared accordingly.
File be consigned to record room.
Announced in an open Court On 06th day of June, 2018. (Twinkle Wadhwa) ADJ03/PHC/NEW DELHI 06.06.2018 CS No. 56798/16 Page 5 of 5