Delhi High Court Ancient InfraTech (Pvt.) Ltd. vs National Buildings Construction ... on 9 April, 2019 Equivalent citations: AIRONLINE 2019 DEL 1715 * + I.P.A. 1/2019 & IA No. 1324/2019 ANCIENT INFRATECH (PVT.) LTD. ..... Petitioner Through: Mr. Tarun Vaid, Advocate with Mr. Vishal K Panwar, Advocate. versus NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD & Ors. .....Respondents Through: Mr. Sanjeev Mahajan, Advocate for D1 and D2. ORDER % 09.04.2019 SANJEEV NARULA, J I.A. 13221323/2019 (Exemption) 1. Exemption allowed, subject to all just exceptions. IA No. 1321/2019 & IA No. 1324/2019 in I.P.A. 1/2019 2. The Petitioner by way of present application under Order XXXIII Rule 1 read with Section 151 Code of Civil Procedure, 1908 (herein after referred to as ‗CPC') seeks permission to file a suit as forma pauperis and consequently prays for exemption from paying court fee. The application is accompanied with a proposed commercial suit under Section 2(1) (C) (vi) and Code 36006 of the Commercial Courts Act, 2015 for recovery of Rs. 22,87,46,277.10/ along with pendente lite and future interest at the rate of 24% per annum w.e.f. 1st April 2018. I.P.A. 1/2019 & IA No. 1324/2019 Page 1 of 28 3. On 14th March 2019, without service of notice, Respondents No.1 & 2 entered appearance through Counsel. Relying upon Order XXXIII Rule 5 (f) of CPC, Respondents prayed for rejection of the application on the ground that the suit is barred by law of limitation. The Petitioner filed written submissions and the counsels have been heard on this issue. Brief Facts 4. In order to decide the application it is necessary to note certain relevant facts. 5. Respondent Nos. 3 and 4 (Allahabad Bank) engaged and appointed Respondent Nos. 1 and 2 (National Buildings Construction Corporation Ltd.NBCC) as a Consultant & Project Manager for the Rehabilitation, Re strengthening, Remodelling, Retrofitting, Renovating and Interior Decoration of the existing building of Allahabad Bank situated at A17, Parliament Street, New Delhi01. 6. The Contract between Allahabad Bank and Respondent No.1 was executed on 20th December 2007. After signing of the said Contract, Respondent No. 1 and 2 floated a tender for the aforenoted works. The Petitioner Ancient InfraTech (Pvt.) Ltd. [formally known as M/s Shambhavi Contractors Pvt. Ltd.] participated in the tender process and was the successful bidder. Accordingly, a contract dated 06th January 2009 was executed between the Petitioner and NBCC. I.P.A. 1/2019 & IA No. 1324/2019 Page 2 of 28 The period of competition of works was stipulated as 12 months and the original date of completion was recorded as 4th December 2009. The completion date was subsequently extended to 31st December 2011. The Petitioner took over the site and commenced the work on 5th December 2008. It is alleged that time was the essence of the Contract, but since NBCC breached in fulfilling their contractual liabilities as per the terms of the Contract, work progress could not be maintained according to the schedule. The difficulties faced by the Petitioner, owing to failure on the part of the Respondents in handing over and clearance of the complete site were brought to the notice of the Respondents but were not resolved. 7. Petitioner submitted running bills for the work done from time to time. Against the said bills, Respondents withheld certain amounts and released only part payments. The Petitioner then made a representation to the Chairman of NBCC and the Allahabad Bank, highlighting it's grievances. While the said representation was under consideration, the Respondents took over the site on 2nd March 2012 and then terminated the Contract on 4th May 2012. 8. The Petitioner alleges that the site was taken over forcibly, without any prior intimation or authority and the termination of the Contract is arbitrary, unreasonable, unlawful and illegal. On 22nd February 2013, Respondents No.1 &2 allotted the balance work of construction, restrengthening and retrofitting work to M/s Trilok and Associates at the costs and risk of the Petitioner. Pursuant to retendering of the work, Petitioner and Respondents exchanged several correspondences. Petitioner sent letters dated 11th March I.P.A. 1/2019 & IA No. 1324/2019 Page 3 of 28 2013 and 12th March 2013 requesting for status of outstanding due and release of the balance payment for the work done. NBCC replied to the same vide letters