D.D.A v. M/S Pride Constructions

judgment and decree dated

5.5.2005 decreeing Suit No.227/2004, Suit No.228/2004 and Suit No.229/2004 is modified and the three suits are decreed as under:-

(a) Suit No.227/2004 is decreed in sum of Rs.2,01,200/- (Rupees Two Lakhs One Thousand and Two Hundred only) together with interest @12% per annum from the date of the suit till realization plus proportionate costs.

(b) Suit No.228/2004 is decreed in sum of Rs.3,18,840/- (Rupees Three Lakhs Eighteen Thousand Eight Hundred and Forty only) together with interest @12% per annum from the date of the suit till realization plus proportionate costs.

(c) Suit No.229/2004 is decreed in sum of Rs.1,88,200/- (Rupees One Lakh Eighty Eight Thousand and Two Hundred only) together with interest @12% per annum from the date of the suit till realization plus proportionate costs.

24.

There shall be no orders as to costs in appeal.

25.

We note that pursuant to interim orders passed in all the appeals the decretal amount has been deposited by the

appellant in this Court which has been invested in a fixed deposit. We direct the Registry to calculate the amount payable to the respondent as per the present judgment and pay over the same to the respondent and refund the balance to the appellant.

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J. December 15, 2008 DK

* IN THE HIGH COURT OF DELHI Judgment reserved on : December 03, 2008 % Judgment delivered on : December 15, 2008 + RFA 648/2005 D.D.A ..... Appellant Through: Mr.Yeeshu Jain, Advocate. versus M/S.PRIDE CONSTRUCTIONS ..... Respondent Through: Mr.B.M.Sehgal, Advocate. RFA 649/2005 D.D.A ..... Appellant Through: Mr.Yeeshu Jain, Advocate. versus M/S.PRIDE CONSTRUCTIONS ..... Respondent Through: Mr.B.M.Sehgal, Advocate. RFA 651/2005 D.D.A ..... Appellant Through: Mr.Yeeshu Jain, Advocate. versus M/S.PRIDE CONSTRUCTIONS ..... Respondent Through: Mr.B.M.Sehgal, Advocate. CORAM: Hon'ble Mr.Justice Pradeep Nandrajog Hon'ble Mr.Justice J.R. Midha 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. The above captioned appeals arise out of a common judgment and decree dated 5.5.2005 whereby three suits filed by the respondent; being Suit No.227/2004, Suit No.228/2004 and Suit No.229/2004 have been partially decreed. 2. The claim in the three suits was as under:- (A) Suit No.227/2004 (I) Watch and ward charges @Rs.6600/- p.m. for 18 months. Rs.1,18,800/- (II) Amount deducted from the final bill. Rs. 95,200/- (III) Refund of security deposit Rs.1,06,000/- (IV) Interest @12% per annum on watch and ward charges for 23 months. Rs. 27,334/- (V) Cost of legal notices dated 11.1.2001 and 31.1.2003 Rs. 6,600/- -------------------------------- Rs.3,53,934/- (B) Suit No.228/2004 (I) Watch and ward charges @Rs.6,600/- p.m. for 18 months. Rs.1,18,800/- (II) Amount deducted from the final bill. Rs.1,68,840/- (III) Refund of security deposit Rs.1,50,000/- (IV) Interest @12% per annum on watch and ward charges for 23 months. Rs. 27,334/- (V) Cost of legal notices dated 11.1.2001 and 31.1.2003 Rs. 6,600/- -------------------------------- Rs.4,71,574/- (C) Suit No.229/2004 (I) Watch and ward charges @Rs.6,600/- p.m. for 18 months. Rs.1,18,800/- (II) Amount deducted from the final bill. Rs. 88,200/- (III) Refund of security deposit Rs.1,00,000/- (IV) Interest @12% per annum on watch and ward charges for 23 months. Rs. 27,334/- (V) Cost of legal notices dated 11.1.2001 and 31.1.2003 Rs. 6,600/- -------------------------------- Rs.3,40,934/- 3. The three suits have been decreed awarding watch and ward charges @Rs.6,600/- per month for a period of only 12 months; amount deducted from the final bills(s) has also been decreed and so also the claim for security deposit in each suit. Cost incurred on account of sending legal notices have been declined. Pre suit interest has been declined. Pendente lite and future interest has been awarded @12% per annum. Thus, decree passed in suit No.227/04 is in sum of Rs.2,80,400/- with interest as afore-noted. Decree passed in Suit No.228/04 is in sum of Rs.3,98,040/- with interest as afore- noted. Decree in suit No.229/04 is in sum of Rs.2,67,400/- with interest as afore-noted. 4. The three suits were consolidated vide order dated 20.1.2004 and evidence has been recorded in Suit No.229/2004. It may be noted that original documents filed by the plaintiff in the three suits have been separately exhibited with duplication of exhibit marks in the three suits. Documents filed by DDA in Suit No.229/2004 have been exhibited in said suit. 5. For clarity it may be recorded that in Suit No.228/2004, put in a tabular form, the status of the documents exhibited would be as under:- EXHIBIT DATE EXH. PW1/1 AGREEMENT BETWEEN THE PARTIES DATED 9.8.1999 EXH PW 1/ 2 LETTER DATED 16.2.2001 EXH PW1/3 EXH PW1/4 EXH PW1/5 EXH PW1/6 EXH PW1/7 EXH PW1/8 EXH PW1/9 EXH PW1/10 LETTER DATED 3.5.2001 LETTER DATED 8.9.2000 LETTER DATED 29.8.2000 LETTER DATED 28.8.2000 LETTER DATED 4.8.2000 LETTER DATED 11.7.2000 LETTER DATED 12.5.2000 LETTER DATED 11.3.2000 EXH PW1/11 TO EXH PW1/15 POSTAL RECEIPTS DATED 12.11.2001 EXH PW1/16 NOTICE U/S 53(B) OF DELHI DEVELOPMENT ACT DATED 11.1.2001 EXH PW1/17 NOTICE DATED 31.1.2003 U