Ms. Anusuya Salwan and Mr. Abhishek Pundir v. North Delhi Municipal Corporation

4 Th| stand ofthe res^3[#^*s that there is a spe|ific clause in the agreement which is bipdiigtu^^^he parties and which was to the effect that^ ^ sul^ect to the availability of'lin%i,1n;p§foufaf»h®^^f^^^^^ from and the payments shall iTe'^miadesfStrt'ctly on queue basis i.e. first the past liabilities will be cleared and after the release of payments for past bills only then the case of the petitioners would be considered; r".

5 The relevant extract of Clause 7 of the ‘General Conditions of Contract for Municipal Coiporation ot Delhi Works’ highlighted by the respondent Corporation is reproduced herein as under:- "The payment ofpassed bills will be subject to availability offunds in particular head ofaccountfrom time to time in MCD. Payment of bills shall be strictly on Queue basis i.e. first the past liabilities will be cleared and after that the release ofpaymentfor passed bills be in order ofthe demand received at HQ under particular head ofaccounts. Ho interest shall be payable to tji^eicontrmror^in^^a^of delay in payment on account of availability offundsff^he p^tfep^^d oflticcomi^ofMCD." ' '' ■ * *

6 This befcfhe'slfand.oT^he5^osppndenf’CQtp the petition had progre'sse^^and the rnffto&Mfoitak up f6$*final hearing.. I Holvever, at this stagel as|]n!blbd supra, attention|of this Court

I. I* has been %rawn to the ju4glh'pnf Ws'sfed by the SingleiBench of this Court in mA out of decrees which had enur^!»?m’TayQlj.rf©h|^iHiTjp§e<Gont-^to^ who had preferred to file civil suits instead of fiTirf|‘^itpetitions. "v" nonf \ rt \ In the course of these proceedings on 07.09.2016, the additional submission of the respondent was noted which was that the payments being asked for by the petitioner are under ‘non-planned head’ and the petitioner will have to stand in queue along with others; submission of the petitioner was that there is a mis-utilization of funds in the ‘non- WP(C)Nos. 10055/2015, 10008/2015, 10028/2015, 10032-33/205, 10046/2015, 10051/2016, 10053/2015, 10057-58/2015, 10060/2015, 10064/2015, 11016-17/2015,11025/2015, 11027-28/2015, 11429/2015 11446/2015, 11449/2015, 11471/2015, 11531-32/2015, 11737/2015, 11780/2015. 11784-85/2015, 11789/2015, 11792-93/2015. 11796-97/2015, 11799/2015, ■ 11803/2015, 4035/2016. 4061 -62/2016, 4079/2016, 11026/2015 11805/2015, 3891/2016, Page 18 of23 O' planned head’ and the money under the ‘non-planned head’ is being mis-used i.e. for purpose other than those purposes for which it is required to be used. The respondent had been directed to place on record an affidavit stating the amounts expended in the ‘non-planned head’. This affidavit is on record and the details of money sought to be expended in the ‘non-planned head’ have been given. Court is o^lhb'^yjiw^ihatltieErd^s^irassed^RFA No. 786/2016 this Court is,*"^ f I f A|-view^tHatj:4sik|e$i|ions disposed off on the sarh^ and condittfe^abfMpre is no dispStelo the fact that " I the case If these petitioner^fifsw^affto those who wer^arties in the m <1 ■

10 The tetoi^-^ofNlI clMf^^^ ‘V- J RFA.

I. ss OTder/^'SssX^^^m^ 17.11.2016 and u reproduced in RFawp ^S:^ ”(i) The appellants shallfilefresh compilations, complete in all respects in respect ofthe 4'\ respondents and the other contractors, irrespective of w’hether they have filed any appeals/suits ofrecover)' or not, so that there is a clarity about their priority in the wail list.

(ii) The appellants undertake to.strictly adhere to the tirheline mentioned in the. compilation, for releasingpayments to the respondents. (Hi) No payment shall be released out ofturn by the appellants. WP(C)Nos. 10055/2015, 10008/2015. 10028/2015, 10032-33/205, 10046/2015, 10051/2016, I0053/20I'5, 10057-58/2015, 10060/2015, 10064/2015, 11016-17/2015,11025/2015, 11027-28/2015,. 11429/201^5; 11446/2015, 11449/2015, 11471/2015, 11531-32/2015, 11737/2015, 11780/2015, 11784-85/2015, 11789/2015, 11792-93/2015, 11796-97/2015, 11799/2015, 11803/2015, 11805/2015, 3891/2016. 4035/2016,4061-62/2016,4079/2016, 11026/2015

(iv) The appellants shall ensure that the budgetfor release ofamounts under the head of Non-Plan Expenditure is increased on a regular basis so that the release ofpayments be expedited to the respondents and other contractors in the wait list, even prior to the dates ofpriority mentioned against their names.

(v) The appellants shall upload the compilation on their websites for ease ofaccess and update it regularly at the end ofeach monthfor the respondents and others to know what their status is in the wait list. can H.-:-

(vi) Having regard to the fact that the appellants expect the respondents to stay their\ hands and not pursue their legal remedies for execution ofthe impugnedjudgments and decrees for a period mentio^ed^li^eh^^i^l’lT^^eed^t^ interest shall be payable to the respondents on thp^rincip^^dmbtnk after ^'iry^^th^ years and ninety days reckonedfrom the^ht^^^^ncerned^^i^^nh^ the respondentsfoi payment. In ot^r a cus^m^^^^^^^^ngprovid^ to t^ Head Quarters of both the appellan^or completih'gji^^^r^^^^ive work ofreaving and diarising the bills receiveifr^different « combined listf^ayment and it is agreed tha^for the saidperiod, no i^tjrest^^m^be payable to the respo/^ents.

(vii) It is ^^ther agreed that thifj^^ll^p^^Ml not be liable to p^ interest on the principal arrtmnts paydbp!t,to^^^^f^.niei^u^e^^e impugned Judgments and decrees, for a^perid^/ofM^e'^a^i^iil^ned frop^h^^p,e^ expiry of 90 days mentionedabove^^^*^t^^^

(viii) However, immediateiy^Qg'^expmyxofM.threb'^gais^s noted above, if the amounts remain outstanding for any reason whatsoever, the appellants shall pay interest @ 9%. per annum on the principal amount to the respondents, for the remaining period, tiU: realization. \V I % (, (ix) It is further agreed that the aforesaid arrangement ofpayment of interest by the appellants @ 9% per annum on the outstanding principal amount to the respondents shall continue onlyfor a period oftwo years, reckonedfrom the end ofthe thirdyear as mentioned in clause (vii) hereinabove. WP(C) Nos. 10055/2015, 10008/2015, 10028/2015, 10032-33/205, 10046/2015, 10051/2016, 10053/2015, 10057-58/2015, 10060/2015, 10064/2015, 11016-17/2015,11025/2015, 11027-28/2015, 11429/2015 11446/2015, 11449/2015, 11471/2015, 11531-32/2015, 11737/2015, 11780/2015, 11784-85/2015, 11789/2015, 11792-93/2015, 11796-97/2015, 11799/2015, 11803/2015, 11805/2015, 3891/2016, 4035/2016, 4061-62/2016, 4079/2016, 11026/2015

(x) Ifthe amounts remain payable by the appellants even thereafter, the respondents shall be entitled to seek legal recourse for execution of the impugnedjudgments and decrees and claim interest on the decretal amountfrom day one.

(xi) The respondents undertake that- in view of the settlement arrived at with the appellants, as recorded RFA786/2()16 & RFA 192/2016 Page 4 of[9] above, they shall not take any steps to file execution petitions in respect of the impugned Judgments and decrees, subject matter ofthe present appeals, for the period mentioned hereinabove.