ARUN BANSAL Vs. BHIMRAO AMBEDKAR UNIVERSITY

JUDGEMENT

(1.) PRESENT suit for recovery of Rs. 56,67,048/ - has been preferred by Arun Bansal carrying on business under the name and style of 'M/s. Confidential Enterprises'. Case of the plaintiff as set up in the plaint is as under :

(2.) THE plaintiff is running his business under the name and style of M/s. Confidential Enterprises as sole proprietor. The defendant " Dr.Bhimrao Ambedkar University (Formerly Agra University) used to conduct entrance examination test every year. Papers for entrance examination CPMT 2005 leaked out and the examination had to be cancelled. Thereafter, another examination in the year 2005 was conducted and it was allocated to the defendant. Sh.A.S.Kukla, Vice Chancellor of the defendant University was nominated as chairman of CPMT, 2005. Sh.A.S.Kukla contacted the plaintiff to print and provide examination papers for CPMT, 2005 as an emergency job for the rescheduled examination. On 04.06.2005, he met the Vice Chancellor at his residence No. 240, Farmers Apartment, Sector -13, Rohini, Delhi. In the said meeting, an oral agreement to print papers along with rates for such printing was concluded between the parties. It is averred that the Vice Chancellor delivered the original manuscripts of the question papers; centre -wise packing details of seventeen different destinations in Uttar Pradesh and a sum of Rs. 10 lacs in cash to the plaintiff. The Vice Chancellor obtained a written receipt of the said amount from the plaintiff.

(3.) FURTHER case of the plaintiff is that after completing his job, Bill No. 347(MP) dated 17.03.2006 for a sum of Rs. 38,08,500/ - was raised and delivered to the defendant. However, the defendant failed to make the payment despite various reminders and legal notice. It is averred that the defendant is liable to pay interest @ 18% per annum compounded quarterly for the delayed payment which amounts to Rs. 18,58,548/ -.