Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Vice Chairman, Dda And Anr vs M/S Bhardwaj Associates on 4 February, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~26
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    RFA 44/2022
                                     VICE CHAIRMAN, DDA AND ANR
                                                                                ..... Appellants
                                                  Through: Ms.Manika    Tripathy,      Standing
                                                           Counsel, Mr.Ashutosh Kaushik, and
                                                           Mr.Shubham Hasija, Advocates.

                                                          versus

                                       M/S BHARDWAJ ASSOCIATES
                                                                                             ..... Respondent
                                                          Through:     None.

                                       CORAM:
                                       HON'BLE MR. JUSTICE YOGESH KHANNA
                                                         ORDER

% 04.02.2022

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

RFA 44/2022, CM APPL.Nos.6336/2022

4. This appeal is filed against the impugned judgment and decree dated 16.04.2021 passed by the learned Trial Court in CS No.6164/2016 whereby the suit filed by respondent was decreed for a sum of Rs.15,59,400/- with interest @ 9% per annum from 19.07.2012 till its realisation besides costs of the suit.

5. The learned counsel for the appellant submits initially the respondent was awarded the renovation/conversion of DDA Office/Guest House at Vasant Kunj, New Delhi on 25.02.2010. In total 107 items were to be Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:04.02.2022 17:36 provided by the respondent and the total value of such items was Rs.15,59,400/- . It is submitted per Annexure A3, only 54 items were supplied viz two seater sofa sets, five seater sofa sets, and supply /placing Italian wooden and modular carving glass etc. However, on the first inspection itself on 27.02.2010 by the Vice Chairman of DDA, he rejected the furnishing items at the site and respondent agreed to remove it and same was also conveyed to the respondent vide letter dated 01.03.2010. It is alleged after some time, DDA awarded the said work to some other person.

6. The learned counsel for appellant submitted the respondent waited two years and thereafter issued the legal notice demanding the suit amount on the basis of the alleged first and final bill. The learned counsel for appellant submits the provisional bill was prepared by the officials of the DDA, but it was not adhered to and no amount was payable to the respondent since the sample material which was provided by the respondent was rejected within two days of the work order dated 25.02.2010. Admittedly, the entire work was completed by some other person.

7. The learned counsel for appellant submits the learned Trial Court has wrongly relied upon the provisional bill as final bill prepared after supplying the entire items and completion of work by the respondent.

8. In these circumstances, notice be issued to the respondent through all modes including email and whatsapp returnable on 22.07.2022 before the learned Registrar.

9. In the meanwhile, subject to deposit of 50% of the decretal amount as on date with the learned Registrar General of this Court within four weeks from today, the operation of the impugned judgment and decree shall remain stayed till further orders.

10. LCR be requisitioned.

11. Upon completion of service/pleadings, the matter be listed before this Court.

YOGESH KHANNA, J.

FEBRUARY 04, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:04.02.2022 17:36