VILLAYATI RAM MITTAL Vs. SHIVSHAHI PUNARVASAN PRAKALPA LIMITED

JUDGEMENT

(1.) By virtue of this notice of motion, the plaintiff seeks a decree on admission under the provisions of Order XII Rule 6 of the Code of Civil Procedure, 1908 ('the Code').

(2.) The background facts necessary for the determination of this notice of motion, can be stated as under :-

(3.) The defendant has resisted the claim by filing written statement. The tenability of the suit is called in question as the plaintiff firm is not a registered partnership firm. On merits, the substance of the resistance put-forth by the defendant is that the plaintiff was at fault and the failure of the plaintiff to execute the work in accordance with the terms of the contract resulted in project getting delayed. The defendant is not liable to pay any amount under any of the heads including damages and alleged loss of profit etc. The defendant has, inter-alia, contended that the defendant was ready to pay an amount of Rs.4.85 crores as awarded by the Engineer and accepted by the Managing Director of the defendant provided the plaintiff submitted 'no claim certificate' and accepted the said amount as a full and final settlement of all the claims.