DECONAR SERVICES PVT LTD Vs. NAVODAYA VIDAYALAYA SAMITI

JUDGEMENT

(1.) (Oral) Allowed, subject to just exceptions. CMs No.16017/2012 & 16018/2012 For the reasons stated in the applications 2 days' delay in filing as well as 22 days' delay in re-filing the appeal is condoned. Applications stand disposed of. The appellant was awarded a construction work by NIDC which related to a building belonging to Navodaya Vidyalaya Samiti.

(2.) THE contract in question was signed between the appellant and the authorized signatory of NIDC. Nobody from Navodaya Vidyalaya Samiti was a signatory to the said agreement. It was not recorded that NIDC was acting as an agent of Navodaya Vidyalaya Samiti. THE contract is on principal to principal basis.

(3.) LOSING the battle right up to the Supreme Court, the appellant proceeded to file a suit for recovery of the same amount in respect whereof it already has a decree under an award against NIDC and in the suit it impleaded Navodaya Vidyalaya Samiti as defendant No.1 and NIDC as defendant No.2.