PANDIT CONSTRUCTION CO Vs. R P SINGH

JUDGEMENT

(1.) BOTH these appeals can be disposed of by this common judgment as facts are similar and same issues are involved. For the sake of convenience, reference is made to the facts of RFA No.123/2004.

(2.) THE facts of the case are that the appellant/plaintiff filed a suit for recovery of Rs.5,00,000/ - from the respondents/DDA being the amount alleged to be wrongfully withheld under a contract including from encashment of bank guarantee given as security. The Trial Court has dismissed the suit by holding that there were defective works and for such defective works, as per Clause 29 of the contract, respondents/DDA were entitled to withhold the amounts.

(3.) THE respondents/defendants contested the suit and pleaded that in the completion certificate itself it was recorded that the completion was subject to removal of certain defects and which have not been removed. These defects are as under: -