ACE BUILDING TECHNOLOGIES PVT LTD Vs. ARUN BHATIA

JUDGEMENT

(1.) The impugned order dated 16.07.2018 passed by the Court of the learned Additional District Judge-05, Patiala House Courts, New Delhi ("ADJ") in Civil Suit No.57836/2016 titled as "Ace Building Tec. Vs. Arun Bhatia", dismissing the application of the petitioner/plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 ("CPC") is the subject matter of challenge in this revision petition.

(2.) It is the case of the petitioner that during the course of execution of the work, they have raised 20 RA bills, out of which payment of 17 bills and part payment of bill no.18 were made by the respondent. Since the respondent has not disputed the nonpayment of the outstanding amount of part amount of bill no. 18, entire amount of bill no.19 and 20, the suit of the petitioner should be decreed under Order XII Rule 6 CPC.

(3.) After perusing the file and going through the written statement and counter claim filed by the respondent/defendant, the learned ADJ found that the defendant has no where admitted his liability towards the plaintiff. He observed 'The defendant has claimed that there is over charging in the bills raised by the plaintiff, as mentioned in para 29 of the written statement. As per defendant, an amount of Rs.27,80,225/- has been over charged. The defence set up by the defendant requires evidence for the termination of the issues.' Accordingly, the learned ADJ dismissed the application of the petitioner.