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Rajesh Kumar Gupta Proprietor Of M/S ... vs Municipal Corporation Of Delhithrough ... on 2 August, 2024

8. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 21.10.2019 after expiry of six months from the date of passing of the bill. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these judgments, the plaintiff is entitled to interest on the bill amount only. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the bill amount of Rs. 4,63,791/- from 21.10.2019 till realization.
Delhi District Court Cites 2 - Cited by 0 - Full Document

Shobit Bansal vs Municipal Corporation Of Delhi on 9 August, 2024

14. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 01.10.2021. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi -6- Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these judgments, the plaintiff is entitled to interest on the bill amount but not from 01.10.2021 on all the bills as claimed by the plaintiff. Record shows that some of the bills were cleared even in May and June, 2022. Plaintiff cannot claim interest on these bills from 01.10.2021 as claimed in para 10 of the plaint. Plaintiff did not submit bills and same were prepared by defendant. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the bills amount after expiry of six and nine months from the date of the bill depending upon the amount of the bill i.e. after six months for the bill of less than Rs. 5 Lac and after nine months for the bill, which is more than Rs. 5 Lac.
Delhi District Court Cites 2 - Cited by 0 - Full Document

Umesh Tyagi vs Mcd And Anr on 16 August, 2024

15. Coming to the aspect of interest, the plaintiff has claimed interest @ 14% on the entire amount from 05.07.2021 after expiry of six months from the date of passing of bill. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court.
Delhi District Court Cites 4 - Cited by 0 - Full Document

Rajesh Kumar Gupta Proprietor Of M/S ... vs Municipal Corporation Of Delhithrough ... on 2 September, 2024

15. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 29.08.2019 i.e. the date of the passing of the bill. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these judgments, the plaintiff is entitled to interest on the bill amount. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the bill amount of Rs. 8,33,824/- from 29.05.2020 till realization and interest @ 6% on the security deposit of Rs. 79,716/- from the date of the suit till realization. The plaintiff has, therefore, proved the issues in his favour as discussed above.
Delhi District Court Cites 2 - Cited by 0 - Full Document

Krishan Kumar Gupta vs Municipal Corporation Of Delhi And Anri on 10 September, 2024

14. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 01.10.2021 i.e. after expiry of nine months from the date of passing of the bills. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these judgments, the plaintiff is entitled to interest on the bill amount. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the bills amount of Rs. 20,85,869/- from 01.10.2021 till realization and interest @ 6% on the security deposit of Rs. 2,42,162/- from the date of the suit till realization. The plaintiff has, therefore, proved the issue in his favour as discussed above. ISSUE NO. 3:
Delhi District Court Cites 2 - Cited by 0 - Full Document

Suraj Prakash vs Municipal Corporation Of Delhi on 7 October, 2024

13. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 01.03.2021. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these -6- judgments, the plaintiff is entitled to interest on the bill amount but not from 01.11.2022 as claimed by the plaintiff. Plaintiff did not submit bills and same were prepared by defendant. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the bill amount of Rs. 6,62,478/- after expiry of nine months from the date of the bill as the bills amount is more than Rs. 5 Lac and @ 6% per annum on the security amount of Rs. 87,103/- from the date of suit till realization.
Delhi District Court Cites 2 - Cited by 0 - Full Document

Krishan Kumar Gupta vs Municipal Corporation Of Delhi And Anr on 8 October, 2024

14. Coming to the aspect of interest, the plaintiff has claimed interest @ 12% on the entire amount from 01.06.2020 i.e. after expiry of nine months from the date of passing of the bill. Counsel for the defendant argued that there was no term and condition regarding payment of interest and therefore, plaintiff is not entitled to any interest. The law in this regard has already been settled by Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. Vipin Gupta in RFA No. 160/2017 and the SLP against this order was dismissed by Hon'ble Supreme Court. This judgment was further confirmed by the Hon'ble Division Bench of Hon'ble Delhi High Court in the case of North Delhi Municipal Corporation Vs. M/s. Barahi Construction passed by Hon'ble Delhi High Court in RFA (Commercial) 06/2021 dated 15.03.2021. In view of these judgments, the plaintiff is entitled to interest on the bill amount. The plaintiff, therefore, shall be entitled to interest @ 9% per annum on the principal bill amount of Rs. 7,56,335/- from 01.06.2020 till 27.06.2024 as payment was made on 28.06.2024 and interest @ 6% on the security deposit of Rs. 89,800/- from the date of the suit till realization. The plaintiff has, therefore, proved the issue in his favour as discussed above.
Delhi District Court Cites 2 - Cited by 0 - Full Document
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