Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.32. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc rfa2082017 & 563/2017 page 47 of 59 being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the rfa4222017 page 25 of 60 corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.36. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, ..... order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... j.judgment1 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... the corporations rely on clauses 7 and 9 of the general conditions of contract in respect of payment of principal amount and interest, read with the amendment of 19th may, ..... thus, it is submitted that the delay in making the payment do not attract any liability and the plaintiff is not entitled to any interest on account of delay in payment as per the amended rules incorporated by circular dated 19.05.2006 in n.i.t/tender ..... the questions that have arisen in all these cases are - (i) whether payment of the principal amount can be delayed in view of clause 7 and clause 9 of the general conditions of contract read with the amendments .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of ..... .2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... the corporation, also relied upon the clauses 7 and 9 of the general conditions of contract along with the amendment dated 19th ..... the corporations rely on clauses 7 and 9 of the general conditions of contract in respect of payment of principal amount and interest, read with the amendment of 19th ..... thus, it is submitted that the delay in making the payment do not attract any liability and the plaintiff is not entitled to any interest on account of delay in payment as per the amended rules incorporated vide circular dated 19.05. ..... , dw-1, assistant engineer of the corporation deposed and relied on various clauses of the general conditions of contract, as also the amendment dated 19th may, 2006 and the circular dated 10th june, ..... the questions that have arisen in all these cases are - (i) whether payment of the principal amount can be delayed in view of clause 7 and clause 9 of the general conditions of contract read with the amendments .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already rfa431207 page 15 of 60 been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.35. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of ..... 2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... the corporations rely on clauses 7 and 9 of the general conditions of contract in respect of payment of principal amount and interest, read with the amendment of 19th ..... after amendment of clause 9, the payment of passed bills will depend on availability of funds in the particular head of account, from time to ..... the plaintiff has intentionally and deliberately concealed the facts that the clause no.7, 9, 9a and 10ca were amended vide circular no.rfa4472017 page 4 of 23 in the dated d/e(p)-iii ..... thus, it is submitted that the delay in making the payment do not attract any liability and the plaintiff is not entitled to any interest on account of delay in payment as per the amended rules incorporated vide circular dated 19.05. ..... the questions that have arisen in all these cases are - (i) whether payment of the principal amount can be delayed in view of clause 7 and clause 9 of the general conditions of contract read with the amendments .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.34. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017 ..... % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... , j.judgment1 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... the corporations rely on clauses 7 and 9 of the general conditions of contract in respect of payment of principal amount and interest, read with the amendment of 19th may, ..... thus, it is submitted that the delay in making the payment do not attract any liability and the plaintiff is not entitled to any interest on account of delay in payment as per the amended rules incorporated by circular dated 19.05.2006 in ..... the questions that have arisen in all these cases are - (i) whether payment of the principal amount can be delayed in view of clause 7 and clause 9 of the general conditions of contract read with the amendments .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the rfa4402017 page 24 of 59 corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.33. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. .....
Tag this Judgment!Court : Delhi
..... the supreme court recorded on 15th september, 2017 as under: it is stated by the learned counsel for the east delhi municipal corporation that two bills have already been paid to the petitioner and the third bill in respect of which payment is due will be cleared in the month of november, 2017. ..... singh % order2203.2018 these are a batch of appeals which have arisen out of disputes between contractors/plaintiffs (hereinafter, contractors ) on the one hand and the north delhi municipal corporation (hereinafter, nrdmc ) and east delhi municipal corporation (hereinafter, edmc ), on the other. ..... on the basis of the above clauses, amendment and circular, the submission of the corporation is that: a) for both advance payment and for final bills, the payment has to be certified by engineer-in-charge; b) the payment of the passed bills will be made subject to availability of funds in the specific head from time to time with the corporation; c) d) the payment of bills shall be strictly made on queue basis; no interest shall be payable in case of delay in payment, on account of non-availability of funds.31. ..... (2011) 15 scc273cited by the corporation, the test for the invoking of order xii rule 6 of the cpc being that the admission so made must clear and unequivocal, on the face of which it is impossible for the party making it to succeed. ..... (2011) 10 scc420(hereinafter, cauvery coffee traders ) to argue that contractors cannot approbate and reprobate. ..... 1,75,500/- 13.10.2014 2011. .....
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