SWASTIK ENTERPRISES Vs. MARIANELLA PROPERTIES PVT. LTD.

JUDGEMENT

(1.) This Chamber Summons has been instituted on behalf of the Defendant in the summary suit seeking condonation of delay of 282 days in filing Vakalatnama and a direction thereafter to take the Vakalatnama on file.

(2.) The suit has been filed as a summary suit by the Plaintiff against the Defendant Company praying for a decree and order for a sum of Rs.1,35,00,065.00 with further penal interest at the rate of 24% per annum from the date of filing of the suit till its realization as per the statement of claim annexed as Exhibit 'H' to the plaint.

(3.) The Plaintiff has claimed that the Defendant had engaged the Plaintiff to undertake the civil work at the site of the Vasai Mall of the Defendant. That, the Plaintiff issued a quotation dtd. 5/3/2016 for the entire RCC civil work of labour for a total area of approximately 91647 sq.feet (basement + ground floor + upper 3 floors + terrace floor) at the rate of Rs.450.00 per sq.feet. Thereafter, the Plaintiff and the Defendant executed an agreement dtd. 17/6/2016 in the form of a Work Order for provision of labour work and the Plaintiff had been entrusted to carry out the RCC civil work for approximately an area of 91647 sq.feet at the rate of Rs.450.00 per sq.feet aggregating to Rs.4,12,41,150.00.