S V C SUPERCHEM LTD Vs. V K CONSTRUCTION ENGINEERS
HIGH COURT OF DELHI
S V C SUPERCHEM LTD
V K CONSTRUCTION ENGINEERS
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(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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