Gulraj Engineering Construction ... vs City And Industrial Development ...
2022 Latest Caselaw 12860 Bom

                                                                      24-COMS48-2011.DOC

                                                                                    Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN ITS COMMERCIAL DIVISION


SANTOSH                                  COMM SUIT NO. 48 OF 2011
SUBHASH
KULKARNI
Digitally signed by
SANTOSH SUBHASH
                      Gulraj Engineering Construction Co.                     ...Plaintiff
                                           Versus
KULKARNI
Date: 2022.12.16
10:07:57 +0530

                      City and Industrial Development
                      Corporation of Maharashtra Limited                   ...Defendant

                      Ms. Sumi Soman, for the Plaintiff.
                      Adv. G. S. Hegde, a/w Ms. P. M. Bhasali, for the Defendant/
                           CIDCO.


                                                     CORAM:     N. J. JAMADAR, J.

                                                     DATED :    12th DECEMBER, 2022
                      PC:-

1. Heard the learned Counsels for the parties.

2. In view of the pleadings, the following issues arise for

determination:

(1) Is the suit barred by Law of Limitation?

(2) Does the plaintiff prove that the delay in completion

of the work under the suit contract was for reasons

attributable to the defendant and/or for reasons

beyond the control of the plaintiff?

(3) Does the plaintiff prove that the plaintiff had

performed its part of the contract?

24-COMS48-2011.DOC

(4) Does the plaintiff prove that the defendant failed to

perform its part of the contract?

(5) Does the plaintiff prove that the defendant had not

made the payment in accordance with the terms of

the contract?

(6) Is the plaintiff entitled to decree in the sum of

Rs.4,21,86,553/- alongwith interest at the rate of

15% p.a. from the date of the suit till the date of

judgment and further interest at the same rate?

(7) What order and decree?

3. The plaintiff shall, on or before 9th January, 2023, file (i)

the evidence affidavit of the plaintiffs' first witness; (ii) an

affidavit of documents; and (iii) a compilation of documents duly

indexed and paginated. Copies of each of these will be served

on the advocates for the Defendants before that date.

4. The defendants shall, on or before 23rd January, 2023, file

(i) an affidavit of documents; and (ii) a compilation of documents

duly indexed and paginated. Copies of each of these will be

served on the advocates for the plaintiffs on or before that date.

5. Discovery and inspection is to be completed and

statements of admission and denial are to be exchanged on or

before 30th January, 2023.

24-COMS48-2011.DOC

6. On the plaintiffs complying with these directions, the

matter will be taken up for marking of the plaintiffs' documents

and further directions on 6th February, 2023, irrespective of the

caption under which the matter appears.

[N. J. JAMADAR, J.]