Manish Bajaj v. Hindustan Construction Company Limited
2018-08-16
SOUMEN SEN
body2018
DigiLaw.ai
JUDGMENT : This is an application for judgment upon admission. In spite of repeated notice, the defendant is not represented. The affidavit of service is kept with the record. Hence the matter is taken up as an unopposed chamber application. 2. The petitioner was engaged as a transporter to deliver crushed stone aggregates from Kabrai querries to designated place in Safdarganj camp in the state of Uttar Pradesh under a work order being no.14002951 dated 12th October, 2007 issued by the defendant. Thereafter two more work orders were issued being work order no.14005253 dated 10th June, 2008 and no.14006336 dated 1st October, 2008 for similar work. In terms of clause 4.6 of the work orders, the defendant is obliged to disburse payment of the running account bills raised by the plaintiff within 30 days of submission thereof after retaining 5% of the gross value of every running account bill as cash retention money and in terms of clause 5.2.2 the retention money of 5% so deducted would be released by the defendant within three months after completion of work orders. The petitioner contends that in terms of the said work orders goods have been delivered at the respective sites and the work orders were successfully completed by 28th February, 2010. The petitioner contends that following the usual trade practice of issuing no claim certificate prior to payment as insisted by the defendant, no claim certificate was issued on 19th July, 2010 and 20th July, 2010 respectively in order to facilitate release of the balance payments. The plaintiff refers to a communication dated 17th August, 2010 to show that the plaintiff has unequivocally admitted completion of works as per work orders and release of the retention money and assured that the retention money would be released. The plaintiff contends that the defendant made payment of the entire bill amount of the invoice forming the subject matter of the suit but not within the stipulated period of time but the balance of cash retention money as per Clause 5.2.2 of the work order is still due and payable by the defendant. In view of failure to release such cash retention money the plaintiff issued a letter of demand dated 11th May, 2013 claiming, inter alia, a sum of Rs.16,50,409.94 along with interest.
In view of failure to release such cash retention money the plaintiff issued a letter of demand dated 11th May, 2013 claiming, inter alia, a sum of Rs.16,50,409.94 along with interest. The defendant after receiving the said notice made an ad hoc payment of a sum of Rs.3.50 lakhs on 14th October, 2013. The defendant also appears to have admitted that a sum of Rs.13,71,562/- is due and payable upon reconciliation of the account as on 28th December, 2013. The plaintiff has made further claim as due to inadvertence one of the work orders was not referred to in the letter of demand to which the defendant appears to have not responded to and non-response of the said letter along with failure to pay a sum of Rs.13,71,562/- prompted the plaintiff to file the suit in which the present application has been filed praying, inter alia, for a final judgment for a sum of Rs.13,71,562/-. 3. Enough opportunities have been given to the defendant to appear and oppose the prayer of the plaintiff by filing affidavit. Although the defendant appears to have entered appearance in the suit, but the defendant has chosen not to appear in this proceedings and file any written objection. 4. On the basis of the uncontroverted statements made in the petition read with the e-mail dated 28th December, 2013 it appears that the defendant has no defence for a sum of Rs.13,71,562/-. Under such circumstances, there shall be a summary judgment for a sum of Rs.13,71,562/- along with interest @ 8% per annum on and from January, 2014 till payment. The balance claim is relegated to suit. 5. G.A.No.1422 of 2017 is allowed as above. 6. The department is directed to draw up the decree as expeditiously as possible.