ROSHAN LAL VOHRA Vs. M C D

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.20,22,600/ -. The plaintiff was awarded work by the defendants vide letter dated 22.6.2005. The work was completed within the period stipulated in the agreement in this regard. Under the agreement, the plaintiff was entitled for payment of Running Bill in every month and Final Bill within six months from the date of completion. The eighth Running Bill passed by defendant No.2 who is the Executive Engineer of MCD was of Rs.15,07,607/ - and the cheque amount of the aforesaid bill was Rs.14,29,299/ -. However, against the said payment, the defendants paid only amount of Rs.1,85,020/ - to the plaintiff. The balance of the Eighth Running Bill was not paid by the defendant on the ground that the funds were not available under the relevant head. The balance amount of the Running Bill was Rs.12,44,279/ - The final bill, i.e., ninth bill was for Rs.1,71,773/ - and was passed for payment of Rs.1,64,731/. The defendants, however, failed to make payment of the aforesaid amount. Thus, the principal sum payable to the plaintiff came to Rs.14,09,010/ -. The plaintiff has claimed the aforesaid amount from the defendants along with interest at the rate of 18% per annum, amounting to Rs.6,13,618/ -.

(2.) THE principal amount has been paid to the plaintiff on 18.06.2011, during pendency of the suit and the claim of the plaintiff survives only with respect to payment of interest and cost of the suit.

(3.) AS regards the cost of the suit, I see no justification why the plaintiff should not get the amount of Court fee from the defendant. It is the defendant who drove the plaintiff to the Court by not making payment in time. It would be unjust to the plaintiff to deprive it of the amount of Court fee which it had to pay only on account of failure of the defendants to make payment within the time stipulated in this regard. As regards counsel's fee, in the facts and circumstances of the case, I deem it appropriate to direct payment of half of the counsel's fee to the plaintiff.