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Documents citing North Delhi Municipal Corporation vs Vipin Gupta on 22 March, 2018

) vs . on 6 September, 2021

(vii) In para no. 6 of the preliminary objections of the written statement, defendants took a defence that payment of the bills will depend upon the availability of funds in a particular head of account and it is also to be made on queue basis. DW­1 in para no. 6 of the affidavit of evidence repeated the same version. However, such type of terms and conditions in an agreement or in General Terms and Conditions of Contract (GCC) or in office orders have already been held illegal and violative of the provisions of Indian Contract Act by the Hon'ble Delhi High Court in North Delhi Municipal Corporation vs. Vipin Gupta, RFA 160/2017 decided on 22­3­2018 and that order is upheld even by Hon'ble Supreme Court. Still the defendants in the present written statement filed on 23­9­ 2019 took same illegal and virtually non existing and baseless defenses which amounts to undermining the authority and disobeying the directions of Higher Courts. Despite displeasure shown by this court and imposition of costs in some previously decided cases, defendants still have not mend their ways and again and again are taking same baseless defenses which have been rejected upto [40] Hon'ble Supreme Court. This act and conduct of the defendants in still relying upon those terms and conditions of their circulars, office orders etc. which are already struck down amounts to ignoring the judicial verdicts of Hon'ble High Court and Hon'ble Supreme Court and an intentional attempt to mislead this court. In previous few cases, defendants were condemned for taking similar stand again and again in their written statement as well as in replies to application under Order 12 Rule 6 CPC and in some cases, even costs were also imposed which perhaps not paid till date. This time again same illegal defenses are raised in the written statement which cannot be considered at all.
Delhi District Court Cites 18 - Cited by 0 - Full Document

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.
Delhi District Court Cites 16 - Cited by 0 - Full Document
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