Allowed

M/S Kuldeep Kumar Contractor v. M/S Nbcc (India) Limited

Delhi HC10 May 2024W.P.(C)/3236/2022

Case brief

AI extract

What is this about?

Petitioner challenged by writ petition for outstanding construction dues. Court found disputed facts barred summary adjudication. Granted liberty to withdraw writ and file alternative suit, excluding interim period from limitation.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to file a suit; period excluded from limitation.

M/S Kuldeep Kumar Contractor Vs M/S Nbcc… — Contract and Commercial Disputes | Delhi HC (2024)

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3236/2022

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M/S KULDEEP KUMAR CONTRACTOR ..... Petitioner

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Through: Mr. Aditya Dhawan, Mr. Sidhant Thakur and Ms. Kiran Dhawan, Advocates.

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versus

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M/S NBCC (INDIA) LIMITED ..... Respondent

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Through: Mr. Anish Chawla and Mr. Abhishek Mishra, Advocates.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 10.05.2024

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The Petitioner has approached this Court claiming outstanding dues from the Respondent on completion of work for the purpose of “Construction of Type-II/10, Type-III/06, Type-IV/02, Type-V/02 Residential Quarters at CISF Group Head Quarter at Allahabad, UP”. 2. Material on record indicates that disputed questions of fact arise in the writ petition and, therefore, this writ petition cannot be decided on affidavit evidence.

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On a suggestion made by this Court to the learned Counsel for the Petitioner to approach the Court of Competent Jurisdiction by filing an appropriate suit, the learned Counsel for the Petitioner seeks permission to withdraw the instant writ petition with liberty to institute an appropriate suit

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 20:04:27

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claiming the reliefs as prayed for in the instant writ petition.

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Permission and liberty, as sought for, are granted.

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The writ petition is disposed of as withdrawn, along with pending application(s), if any.

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Needless to state that the Petitioner would be entitled to the benefit of Section 14 of the Limitation Act and the period from filing the instant writ petition till the date of disposal of the writ petition has to be excluded while calculating the period of limitation as and when the Petitioner files a suit.

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SUBRAMONIUM PRASAD, J

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MAY 10, 2024 S.Zakir

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 20:04:27

M/S Kuldeep Kumar Contractor v. M/S Nbcc (India) Limited

Case brief

What is this about?

What did the court decide?

M/S Kuldeep Kumar Contractor v. M/S Nbcc (India) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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