Delhi District Court In Re vs Shri Onkar Singh Pasricha on 3 December, 2018 IN THE COURT OF SH. HARISH KUMAR : ADDITIONAL DISTRICT JUDGE 13 : CENTRAL DISTRICT : TIS HAZARI COURT : DELHI CS No. 609875/16 In Re: M/s Bhargava & Associates Pvt. Ltd. 9, Siri Fort Road, New Delhi 110019 (Through its Managing Director, Shri S.C. Bhargava) .......................Plaintiff VERSUS 1. Shri Onkar Singh Pasricha 2. Shri A. S. Pasricha Both S/o Sh. Narender Singh Pasricha 3. M/s T.C.N.S. All at 3, Community Centre, Saket, New Delhi 110017 4. M/s Impressions International 953956, Gali No. 4, Naiwala, Karol Bagh, New Delhi 110005 ........Defendants SUIT FOR RECOVERY OF Rs. 16,00,000/ AND COUNTER CLAIM FOR Rs. 20,00,000/ Date of institution of present suit : 05.05.1994 Date of Counter claim : 31.05.1995 Date of Judgment : 03.12.2018 JUDGEMENT This judgement shall dispose of suit filed by plaintiff for recovery of Rs 16 lacs against the defendants and Counter Claim filed by defendants No.1 to 3 against the plaintiff for recovery of Rs 20,00,000/. Case of the plaintiff 1. The plaintiff instituted the present suit for recovery of Rs.16,00,000/ against the defendants alleging that plaintiff M/s Bhargava and CS No.609875/16 M/s Bharagva & Associates Pvt. Ltd Vs Onkar Singh Pasricha & Ors Page No. 1 of 37 Associates Pvt. Ltd. is incorporated under the Companies Act and Sh. S.C. Bhargava who is an architect is also the Promoter and managing Director of the aforesaid plaintiff company. The plaintiff company is engaged in the business of development consultants and architects. Sh. S.C. Bhargava being the Principal Officer of the plaintiff company is authorised by the Board of the plaintiff company to sign and verify the plaint. 2. The plaintiff has impleaded four defendants. Defendant No. 1 and defendant No. 2 are real brothers They owned properties in their own name and their businesses names impleaded as defendant No. 3 i.e. M/s TCNS and defendant No. 4 M/s Impression International. The defendant No. 1 and 2 represented such business in their transaction with plaintiff. However, legal constitution of defendants No. 3 and 4 is not within the knowledge of the plaintiff. 3. As per the plaintiff, the defendants availed the services of the plaintiff company for the following properties: 1. Farm House property situate at Sultanpur (Khasra No. 641, 642, 645 and 677), New Delhi. (hereinafter referred to as farm house land at Sultanpur) 2. House Property called W155, Greater Kailash, Part II, New Delhi. (hereinafter referred to as house property situated at Greater Kailash) 3. Factory Property proposed to be acquired/purchased known as A 23, Okhla Industrial Area, Phase I, New Delhi. (hereinafter referred to as factory property situated at Okhla Industrial Area) 4. Factory Property commonly referred as TCNS Factory situate in khasra No. 522 and 522/1 at Jaunpur, New Delhi. 5. Factory Property commonly referred as M/s Impressions International situated in khasra No. 522 and 522/1 at Jaunpur, New Delhi. CS No.609875/16 M/s Bharagva & Associates Pvt. Ltd Vs Onkar Singh Pasricha & Ors Page No. 2 of 37 4. The plaintiff has averred that defendants No. 1 and 2 negotiated for availing services of the plaintiff for aforesaid properties. The fees so settled was payable by defendants No. 1 and 2 for and on behalf of defendants in the suit. Such defendants also made part payments from time to time. 5. In August, 1990 defendants No. 1 and 2 engaged the services of plaintiff as architects/consultants for development of their farm house land at Sultanpur as noted above. The defendants desired to have provision of three (two bed room suites) with common living, dining, lounging area with amenities, suitable to accommodate three families, with outhouses consisting of three servant quarters with attached toilets. They desired to develop a swimming pool as well as squash court with change rooms, and the area to be landscaped. The plaintiff was asked to design, prepare all architectural plans, structural plans, electricitysanitary plans, landscape plans and to work out completely the drainage and water system at aforesaid far