CUBE CONSTRUCTION ENGINEERING LTD vs NATIONAL BUILDING CONSTRUCTION COMPANY

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th JANUARY, 2025 IN THE MATTER OF: + CS(COMM) 947/2016 CUBE CONSTRUCTION ENGINEERING LTD .....Plaintiff Through: Mr. Jayant Mehta, Senior Advocate with Ms. Madhu Sweta, Ms. Astha Dhawan and Ms. Tina Aneja, Advocates. versus NATIONAL BUILDING CONSTRUCTION COMPANY .....Defendant Through: Mr. Anil K. Airi, Senior Advocate with Mr. Krishan Kumar, Mr. Seemant K. Garg, Mr. Nitin Pal, Ms. Sadhana Sharma, Mr. Mudit Ruhella, Mr. Shayuk Kumar, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) 1. The present suit is one for recovery of a sum of Rs.8,21,64,607/- along with pendente lite interest of 18% per annum. 2. The facts as stated in the plaint are that the Plaintiff is a company registered under Companies Act, 1956 and is engaged in the business of construction of buildings, roads, bridges, water supply, sewerage and all other civil and engineering construction works. It is stated in the plaint that a Notice Inviting Tender (NIT) was brought out by the Defendant on 16.09.2004 for execution of “Housing Project for Defence Personnel” at Signature Not Verified Digitally Signed CS(COMM) 947/2016 Page 1 of 40 By:SHAZAAD ZAKIR Signing Date:10.01.2025 18:24:31 Darjipura, Vadodra, Gujarat. The said NIT was for two packages i.e., Package-I and Package-II. It is stated that the Plaintiff had submitted its bid for Package-II which was opened on 04.10.2004. Vide a Letter of Intent (LOI) dated 15.10.2004, the Plaintiff was awarded part of Package-II for construction of dwelling units with ROC framed structure work, including internal electrification, PHE, storm water drainage and rain water harvesting etc. The bid of the Plaintiff was accepted for an amount of Rs.11,16,78,263/. The period for completi