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Kamal Gupta vs Municipal Corporation Of Delhi Through ... on 29 July, 2024

withholding without any justifiable reason. He has relied upon the 2024.07.29 17:33:59 +0530 decisions of Hon'ble High Court of Delhi in North Delhi Municipal CS (Comm.) No. 1072/2023 Kamal Gupta Vs. Municipal Corporation o f Delhi Page no. 13 of 29 Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation: 2021/DHC/958-D) and the judgment of Hon'ble Division Bench of High Court of Delhi in North Delhi Municipal Corporation Vs. Vipin Gupta RFA 160/2017 to support his point.
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Rajesh Kumar Gupta Proprietor Of M/S ... vs Municipal Corporation Of Delhithrough ... on 28 September, 2024

18. Per Contra, Ld. counsel for the plaintiff has argued that the defendants had passed the requisite bill in respect of the work done which have been exhibited as Ex.PW-1/2 a copy of which was also provided to the plaintiff which he had accepted after counter signing the same and hence, there was due compliance of the clause 7 and 9 of the GCC and as such, the plaintiff is entitled for the amount of the bill as claimed and which the defendants is withholding without any justifiable reason and even passing of the same after due measurement. He has relied upon the decisions of Hon'ble High Court of Delhi in North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation: 2021/DHC/958-D) and the judgment of Digitally signed by MUKESH MUKESH KUMAR Hon'ble Division Bench of High Court of Delhi in North Delhi KUMAR GUPTA GUPTA Date:
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Umesh Tyagi vs Mcd on 30 November, 2024

28. On the other hand, the plaintiff has pressed upon the fact that the defendants had passed the requisite bill in respect of the work done which have been exhibited as Ex.DW-1/P-5 a copy of which was also provided to the plaintiff which he had accepted after counter signing the same and hence, there was due compliance of the clause 7 and 9 of the GCC and as such, the plaintiff is entitled for the amount of the bill as claimed and which the defendants is withholding without any justifiable reason and even passing of the same after due measurement. The plaintiff has relied upon the decisions of Hon'ble High Court of Delhi in North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation: 2021/DHC/958-D) and the judgment of Hon'ble Division Bench of High Court of Delhi in North Delhi Digitally signed MUKESH by MUKESH KUMAR KUMAR GUPTA Municipal Corporation Vs. Vipin Gupta RFA 160/2017 to support his Date:
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Rajesh Kumar Gupta Proprietor Of M/S ... vs Municipal Corporation Of Delhithrough ... on 28 March, 2025

21. On the other hand, the plaintiff has pressed upon the fact that the defendants had passed the requisite bill in respect of the work done Ex.PW-2/4 a copy of which was also provided to the plaintiff which he had accepted after counter signing the same and hence, there was due compliance of the clause 7 and 9 of the GCC and as such, the plaintiff is entitled for the amount of the bill as claimed. The plaintiff has relied upon the decisions of Hon'ble High Court of Delhi in North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation: 2021/DHC/958-D) and the judgment of Hon'ble Division Bench of High Court of Delhi in North Delhi Municipal Corporation Vs. Vipin Gupta RFA 160/2017 to support his point.
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Aggarwal Associates vs Municipal Corporation Of Delhi on 28 April, 2025

30. The above propositions of law also laid down in one of the connected cases titled as North Delhi Municipal Corporation Vs. Vipin Gupta, RFA-160/2017 disposed of on the same date by the Hon'ble High Court through a separate judgment again came to be reiterated by the Hon'ble High Court in case North Delhi Municipal Corporation Vs. M/S Barahi Construction, RFA (Comm) 6/2021 and CM Appls. 10185-10188/2021 decided on 15.03.2021.
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Rakesh Kumar Goel vs Municipal Corporation Of Delhi on 17 April, 2026

Reliance has been placed upon the judgment of North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation: 2021/DHC/958-D) and Mr. Rajnish Yadav proprietor of M/s. Bharat Construction Company Vs. North Delhi Municipal Corporation, RFA (OS) (COMM) 1/2021 (Neutral citation: 2023/DHC/000174) to argue that once the defendants had accepted the execution of the work by the plaintiff, the defendants were under the liability to pay the amount to the plaintiff and the mere fact that plaintiff has not sought extension of time for completion of work, cannot be a ground to deny the payment as MCD had not raised any claim on account of alleged delay in completion of works.
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Charanjeet Arora Thru Poa Holder And ... vs Municipal Corporation Of Delhi on 3 July, 2024

17. Per contra counsel for the plaintiff has argued that the defendant had passed the bills which have been exhibited as Ex.PW-1/3 and PW-1/5. The plaintiff had accepted these bills by counter signing the same and hence, there was no requirement of furnishing fresh bills by the plaintiff and the plaintiff is entitled for the amount of the bills as claimed by him. He has argued that in North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation:
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Shiv Shankar Gupta vs Municipal Corporation Of Delhi on 27 August, 2025

18. Per Contra, Ld. Counsel for the plaintiff has argued that the defendants have already passed the bills after which have completion of the work as per work order been exhibited as Ex.PW-1/2 to 7 and a copy of each bill has also been provided to the plaintiff which he has accepted the same after counter signing them and thus, clause 7 and 9 of the GCC have been duly complied with, therefore, the plaintiff is entitled to the amount of the bills as claimed, which the defendant is withholding without any justifiable reason. He has relied upon the decisions of Hon'ble High Court of Delhi in North Delhi Municipal Corporation Vs. Barahi Construction RFA (COMM) 6/2021 (Neutral citation:
Delhi District Court Cites 9 - Cited by 0 - Full Document
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