DELHI STRUCTURES Vs. GULATI HOSPITALITY AND ORS.

JUDGEMENT

(1.) I.A. 11737/2012 (by the defendant No. 1 & 2 u/O XXXVII R3(5) CPC)

(2.) THE present leave to defend application has been filed by the defendants in a summary suit instituted by the plaintiff for recovery of a sum of Rs. 54,45,000/ -, being the value of three cheques issued in its favour by the defendant No. 1, towards payment of construction work with material that was undertaken by it for the defendants.

(3.) THE plaintiff claims that in the month of March, 2008, the defendants had approached it for undertaking construction of a hotel on a plot of land owned by them and situated at Gurgaon and had asked for a quotation for the said work. The plaintiff had forwarded its quotation on 01.03.2008 and it had quoted the rate of Rs. 600/ - per square feet for the actual slab casted area. On 07.06.2008, the defendants had executed a work order in favour of the plaintiff for undertaking construction of the hotel building @ Rs. 600/ - per square feet, including steel and the plaintiff had successfully constructed the hotel which is presently being run under the name, "Hotel Tulip Inn".