N D M C Vs. SANJAY JAISWAL

JUDGEMENT

(1.) THIS Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 24.11.2011 decreeing the suit of the respondent/plaintiff for recovery of RS. 11,92,440/- alongwith costs and interest @ 8% per annum. The suit has been decreed for recovery of moneys inasmuch as although the parking area available to the licencee/contractor/respondent/plaintiff was decreased on account of bomb blast in the parking area at G Avenue, Sarojini Nagar, New Delhi, yet the appellant/defendant insisted on and received the entire licence fees for the entire parking area.

(2.) ON 16.5.2012, the following order was passed:- "1. This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 24.11.2011 decreeing the suit of the respondent/plaintiff for RS. 11,92,440/- along with interest at 8% per annum on the ground that on account of bomb blast in Sarojini Nagar Market, the parking area which was available to the respondent/plaintiff/parking contractor was reduced, and therefore, the appellant/defendant was not entitled to charge parking fee for the complete area. 2. Learned counsel for the appellant has sought to argue that the subject Clause 8 of the contract does not apply in the present case, which reads as under:-

(3.) THE obduracy of a public body like the appellant has gone to the extent that not only the suit was contested to the hilt, this obduracy is continued in this appeal, although the suit has been decreed with costs and interest.