M/S R.K. GOEL ABHEY KUMAR JAIN vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 14.07.2025 + RFA(COMM) 424/2024 M/S R.K. GOEL ABHEY KUMAR JAIN .....Appellant versus MUNICIPAL CORPORATION OF DELHI .....Respondent Advocates who appeared in this case: For the Appellant : Mr Avinash Trivedi with Mr Rahul Aggarwal, Mr A.K. Trivedi, Ms Ritika Trivedi, Mr Anurag Kaushik and Mr Jatin Arora, Advocates. For the Respondent : Mr Anand Prakash, Standing Counsel with Ms Varsha Arya, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The Appellant has filed the present Appeal under Section 13 of the Commercial Courts Act, 2015 and Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (“CPC”), being aggrieved by the judgment dated 10.07.2024 (“Impugned Judgment”) passed by the learned District Judge, Commercial Court-13, Central District, Tis Hazari Courts, Delhi (“Trial Court”) in CS(Comm.) No 444/2023 (“Suit”). Signature Not Verified RFA(COMM) 424/2024 Page 1 of 18 Signed By:NEELAM SHARMA Signing Date:14.07.2025 17:23:36 2. The learned Trial Court held that the Appellant is entitled to recover the amount as claimed by the Appellant after legible deductions and the interest at the rate of 8% per annum from the Respondent. However, the learned Trial Court further held that the claim of the Appellant is barred by limitation and, accordingly, the Suit filed by the Appellant was dismissed with costs. FACTUAL BACKGROUND: 3. The dispute arose out of contract entered into between the Appellant and the Respondent for improving and strengthening of roads and lanes in Vikas Puri, Delhi (“the project”). The Appellant was a successful tenderer, and the project was awarded to the Appellant vide work order dated 26.08.2013 for a considerati