HMM INFRA LTD Vs. CHAUDHARY ENGINEERING & FABRICATION

JUDGEMENT

(1.) Petitioner has assailed the order dated 11.08.2016 passed by Civil Judge Junior Division, Ambala, whereby preliminary issue of limitation was decided in favour of the plaintiff.

(2.) Defendant/Company has filed this petition on the ground that the suit filed by the plaintiff/respondent was for declaration to the effect that the petitioner/defendant is liable to reimburse to the plaintiff the loss suffered by him due to nonsupply of requisite material for executing the order on the quotation dated 14.02.2008 of the plaintiff and on account of wages paid to the labour who remained idle and employed on the premises of the defendant/Company for executing the order of the defendant worth Rs..11,91,250/- (payable amount to the tune of Rs.14,03,250/-) i.e. Rs.1,20,000/- towards quotation amount, Rs.4,43,250/- towards wages paid to the expert workers detained in the premises of defendant/petitioner, Rs.8,40,000/- on account of loss suffered by the respondent/plaintiff due to his engagement with the defendant/petitioner during the period out of which defendant/ petitioner has paid a sum of Rs.2,12,000/- upto 01.09.2009 and the remaining amount came to be Rs.11,91,250/-. Mandatory injunction was also prayed, directing the defendant/petitioner to pay the aforesaid amount to the plaintiff along with interest @ 18% per annum from due date till final realization of the amount.

(3.) An application under Order 7 Rule 11 CPC was filed by the defendant/petitioner. Paras No.2, 3 and 4 of the application reads as under:-