ANAND AND ASSOCIATES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) COUNSEL appearing for the parties state that the suit in which the injunction application was filed and was disposed of under the impugned order, in respect of which this appeal is filed, is coming up for consideration and final hearing on 25th February, 2008. It is stated that they expect that the suit will be heard and disposed of expeditiously immediately thereafter.

(2.) THE suit was filed by the appellant seeking for a decree of declaration and injunction against the action of the respondents-defendants levying penalty in terms of clause 2 of the agreement between the parties. The respondents proceeded under the provisions of clause 2 and levied penalty to the tune of rs. 14,55,237 @ 5% of the estimated cost of the work. Subsequent thereto, the delhi Development Authority wrote various letters through its officers informing them to withhold the balance security amount of Rs. 2 lakhs and the levy amount of Rs. 14,55,237/- from the net sum payable to the plaintiff in the contract or in any other contract. The injunction was sought for against the aforesaid action of the defendants.

(3.) THE learned Single Judge by a detailed speaking order dismissed the said injunction application filed by the applicant. Being aggrieved, the appellant filed the present appeal. In terms of the injunction which was granted by the division Bench of this Court at the time of admission of the appeal, the DDA was restrained from appropriating any amount towards any of the contracts of the appellant with the respondents. Pursuant to that, the entire amount which was claimed to be due and payable to the respondents has been withheld by the DDA from the other bills of the appellant in light of the orders passed by the division Bench of this Court.