DEVBHOOMI AWAS LTD Vs. ANTELEC LTD

JUDGEMENT

(1.) The petitioner claims as an unpaid creditor on account of services rendered. The petitioner was engaged for carrying out electrical works at leisure villas being constructed by the company in the sylvan surroundings near Rishikesh in the Garwal Himalayas. The agreement was executed on December 21, 2005.

(2.) The petitioner says that though the agreement specified a completion date, the electrical work could not be taken up as originally contemplated since the civil work had not been completed within time. The company claims at the hearing that there was delay on the part of the petitioner which resulted in the completion date being overshot. Both parties rely on the minutes of a meeting held between their representatives on March 12, 2008. The petitioner concedes that it is the copy of the minutes relied upon in the affidavit-in-opposition which is the more authentic.

(3.) The minutes of the meeting held at the company's Nehru Place, Delhi office on March 12, 2008 recorded that the petitioner 'will endeavour to complete the above mentioned works and all such works which are necessary for virtual completion by 15th April 2008.' The minutes further recorded that the petitioner had requested for compensation in view of the increase in the prices beyond the initially contemplated time schedule. The parties agreed at such meeting to enhance the rates of the items supplied and executed after March 12, 2007 by 12 per cent except for the rates of extra items on which the enhancement would not be applicable.