Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

North Delhi Municipal Corporation & Anr vs Sh. Munish Anand on 12 October, 2021

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                          $~5.
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    RFA(COMM) 18/2021
                               NORTH DELHI MUNICIPAL CORPORATION
                               & ANR.                                  ..... Appellants
                                            Through: Mr. Sanjeev Sagar, Standing Counsel
                                                     with Ms. Nazia Parveen, Advocate.

                                                  versus

                               SH. MUNISH ANAND                                     ..... Respondent
                                            Through:

                               CORAM:
                               HON'BLE MR. JUSTICE VIPIN SANGHI
                               HON'BLE MR. JUSTICE JASMEET SINGH

                                                           ORDER

                          %                                12.10.2021

                          CM APPL. 36472/2021

Exemption allowed, subject to all just exceptions. The application stands disposed of.

Exemption allowed, subject to all just exceptions. The Court Fees be paid within two weeks.

The application stands disposed of.

RFA(COMM) 18/2021 and C.M. Nos. 36471/2021, 36473/2021 & 36474/2021 The present Regular First Appeal has been preferred to assail the order dated 30.09.2020 passed by Ms. Nisha Saxena, District Judge (Commercial Court)-04 Central, Tis Hazari Courts, Delhi in C.S.(Comm.) Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.10.2021 19:51:09 1137/2019. By the impugned order, the learned Judge has allowed the application preferred by the respondent/ plaintiff under Order XII Rule 6 CPC for a decree on admission.

We have perused the impugned order. The same shows that the appellant/ defendant had admitted its liability qua the respondent contractor. The only justification for not making payment by the appellant was that the Corporation did not have funds to make payments. This submission of the appellant/ defendant has been rejected by the learned Judge and consequently, the application has been allowed.

The learned Judge has also placed reliance on another judgment rendered by the learned Single Judge of this Court in North Delhi Municipal Corporation Vs. Vipin Gupta, 2018 SCC OnLine Del 8036, passed in similar circumstances.

Mr. Sagar - learned counsel for the appellants, fairly informs that the Special Leave Petition against the said decision being S.L.P.(Civil) Diary No(s). 42005/2018 has also been dismissed on 03.01.2019 along with several other appeals.

In the light of the aforesaid, we do not find any merit in the present appeal and dismiss the same.

VIPIN SANGHI, J JASMEET SINGH, J OCTOBER 12, 2021 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.10.2021 19:51:09