Delhi High Court - Orders
North Delhi Municipal Corporation & Anr vs Sh Shishpal on 20 December, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 23/2021 & CM APPLs.36225, 36227-36229/2021
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... APPELLANTS
Through: Mr. Sanjeev Sagar, Standing Counsel
for Nr. DMC with Ms. Nazia Parveen,
Adv.
versus
SH SHISHPAL ..... RESPONDENT
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.12.2021 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.) 1186/2019. 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 already had an opportunity to deal with an identical matter being RFA (COMM) 18/2021 decided on 12.10.2021. The impugned judgment and order 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 Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:21.12.2021 12:13:27 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 DECEMBER 20, 2021 sr Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:21.12.2021 12:13:27