Delhi Metro Rail Case Summary

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Facts of the Case This case was filed for a suit for recovery of money by the plaintiff(Delhi Metro Rail Corporation Ltd.). A total amount of Thirty Six Lakhs Fifty Thousand rupees (Rs.36,50,000/-) is claimed from the defendant (Satish Gujral). An amount of ten Lakh Rupees (Rs. 10,00,000/-) is the amount which was paid as advance to the defendant for the eight pieces of art/murals which the defendant was to create and thereafter supply to the plaintiff with respect to this obligation the defendant has, as per the suit, committed the breach. It is claimed by the Plaintiff that defendant has committed breach of contract by withdrawing from the project and even the two murals which were made, out of the total of eight murals which the defendant had to supply, were not made on the agreed subject matter of "Speed", and hence, defendant is liable to refund the amount of Rs. 10 lakhs which was paid as an advance amount by the plaintiff to the defendant. The price of the eight murals which was to be paid to the defendant was a sum of Rs. 20 lacs. The plaintiff in addition to recovery of the advance of Rs. 10 lakhs seeks damages of Rs. 25 lakhs on account of delay in the finalisation of the finishes and treatment to be done on the walls and ceiling of the concourse level upon which the said artworks/murals to be supplied by the defendant was to be implemented.…show more content…
Moreover, related to this aspect is the aspect as to whether the defendant is the final judge of the murals/artworks to be supplied by the defendant to the plaintiff and as to whether the plaintiff under no circumstances can question the designs of the murals supplied by the defendant, although, as per the plaintiff the artworks/murals supplied have no nexus or correlation to the subject "Speed" as long as the defendant believes that they are related to the

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