S V C SUPERCHEM LTD Vs. V K CONSTRUCTION ENGINEERS
LAWS(DLH)-2007-4-242
HIGH COURT OF DELHI
Decided on April 20,2007

S V C SUPERCHEM LTD Appellant
VERSUS
V K CONSTRUCTION ENGINEERS Respondents

JUDGEMENT

- (1.) Trial Court record has been received. Matter is heard with reference to the record.
(2.) This appeal is filed against the judgment and decree dated 1st November, 2006 passed by the learned trial court allowing the Plaintiff's (respondent herein) application Under Order XII rule 6 CPC. The Plaintiff had carried out certain civil works from time to time at P.T.A. Project at Chhatta, District Mathura, U.P. as per the work orders placed by the defendant (appellant herein) in accordance with the modality mentioned in the work order and the terms and conditions accrued upon between the parties, the work executed by the Plaintiff were to be verified / approved by M/s. Tata Consultant Engineers who were appointed by the defendant. The Plaintiff was submitting running accounts bills from time to time. This running account bills were submitted after duly certified by M/s. Tata Consultant Engineers. There is no dispute up to this stage raised by the defendant. After the 6th bill, 7th and final bill was to be submitted. According to the Plaintiff this bill dated 2nd April, 1997 duly verified by M/s. Tata Consultant Engineers was submitted with the defendant which was received by the defendant in their office on 4th April, 1997. On this basis application Under Order XII rule 6 CPC was filed by the Plaintiff before the trial court submitting that the decree could be passed on admissions as there was no dispute about these bills.
(3.) As mentioned above, the submissions of bills up to 6th running account bill are not in dispute and even as per bill upto that stage an amount of Rs.378413/- was due and payable to the Plaintiff. In the written statement filed, the defendant denied the receipt of 7th bill. The defendant has stated that he never refused to make the payment and the payment could be made only after the 7th and final bill duly verified by the Consultants is received. Therefore, the controversy was as to whether this bill was received or not.;


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