Delhi High Court - Orders
Aaone Developers Pvt Ltd vs Sabita Jha And Anr on 5 October, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 601/2023
AAONE DEVELOPERS PVT LTD ..... Plaintiff
Through: Mr. Abhay Gupta and Mr. Tanuj
Dogra, Advs.
versus
SABITA JHA AND ANR ..... Defendants
Through: Mr. Shankar K. Jha and Ms. Manu
Monga, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 05.10.2023
IA No.19153/2023 (Stay)
1. The present suit has been filed by the plaintiff seeking to recover the outstanding amounts, allegedly owed by the defendants to the plaintiff under the agreements dated 19.04.2021 and 30.12.2021.
2. The agreement dated 19.04.2021 was with regard to certain civil works that were to be carried out in the defendants‟ property whereas the agreement dated 30.12.2021 pertains to project management consultancy services, and other allied services, as regards the interior and renovation work to be carried out in the property of the defendants viz. house at Khasra No. 45/17/2, Dera Mandi Village, New Delhi - 110074. The dues of the plaintiff having allegedly remained unpaid pursuant to work performed under the said agreements, the present suit has come to be filed by the plaintiff.
3. By way of the present application, the plaintiff seeks the following This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:03:02 reliefs:
"Pass an ad-interim ex-parte injunction restraining the defendants, their agents and assignsfrom inducting any person, encumbering, contractor for completing the work within the suit property.
ii) Ad-Interim order in terms of disposal of this application.
iii) Ad-Interim Ex-parte Order with regard to No Third-Party Interest in the Suit Property
iv) Cost of Losses Incurred for removing the building material
v) Any other relief/order which this Hon'ble Court deems fit and proper under the facts and circumstances of the case in favour of the plaintiff and against the defendants."
4. At the very outset, on a specific query to learned counsel for the defendants, it was submitted that no other agency apart from the plaintiff has been inducted into the premises to carry out any work which is subject matter of the aforesaid agreements between the parties. During the course of arguments however, it was sought to be submitted that „some work‟ may have been performed at the property after termination of the aforesaid contracts by the defendants.
5. In any event, as emphasized by learned counsel for the plaintiff, it is imperative to verify/measure the work/ services performed by the plaintiff in defendants‟ property inasmuch as it may not be possible to do so at a later stage when other agencies are inducted to complete the civil/ renovation work.
6. In the circumstances, it would be appropriate to appoint a local commissioner to verify the status of the civil and interior work at the concerned property, and the work/ services performed by the petitioner thereon pursuant to the aforesaid agreements.
7. Accordingly, Ms. Ishita J. Kumar, Architect (Mobile no. 9461540244) is appointed as the local commissioner for the aforesaid purpose. The local This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:03:02 commissioner shall be assisted by the parties/ their authorized representatives for the purpose of the aforesaid exercise. The fees of the local commissioner shall be Rs. 50,000/- (in addition to transportation and out of pocket expenses) to be borne by the Plaintiff. The local commissioner shall visit the property within the next 5 days and file her report within a period of 3 weeks. Respective counsel submit that the parties shall fully co- operate and render all possible assistance to the local commissioner.
8. Learned counsel for the defendants also seeks some time to file reply. Let the same be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date of hearing.
9. List on 01.12.2023.
CS(OS) 601/2023
10. At joint request, the parties are referred to mediation under the aegis of Delhi High Court Mediation and Conciliation Centre. Let the parties appear before the Mediation Centre on 10.10.2023 at 03.00 PM.
11. List for reporting outcome of mediation on 01.12.2023.
SACHIN DATTA, J OCTOBER 5, 2023/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:03:02