BHARAT LAL Vs. MCD

JUDGEMENT

(1.) This appeal has been moved by the decree holder, Sh. Bharat Lal, under Order XXI Rule 58 of the CPC impugning the order passed by the court below on 7 th April, 2012 while disposing off his Execution Petition by holding that the Judgment Debtor; who is arrayed as the respondent before this Court; had already paid the decretal amount to the Decree Holder/appellant as per the Award dated 26 th November, 2009, which had been further modified in favour of the Decree Holder by this Court in OMP No.153/2010.

(2.) The appellant had been awarded a contract on 5 th February, 1992 by the respondent for the construction of a pakka School Building at Madhu Vihar, West Zone, New Delhi. The contract, which was in the form of the Work Order, envisaged completion within one year. Pursuant to the issuance of the said Work Order, the requisite formal Agreement was also executed between the parties.

(3.) The appellant/Decree Holder had brought his claim, inter alia, on the ground that the completion of the work was inordinately delayed due to various lapses on the part of the respondent/MCD, which had resulted in huge losses to him. He had, inter alia, claimed that he was entitled to a sum of Rs.8,44,732.00 towards escalation of input costs under Clause 10 CC of the aforesaid Agreement between the parties.