...marked in Annexure A-2 was given to a Contractor on BOC basis but on account of defaults committed by such Contractor, the contract was terminated.3. The petitioner was Consultant...Highway-12 was not assigned to the petitioner.2. On the other hand learned counsel for the petitioner points out that consultants have finalized final feasibility report. Such contract...on Engineering and Procurement Contract (EPC) basis. The petitioner has been paid for preparing DPR of Jabalpur-Bhopal Section as an additional work for the Sagar Road. The experience certificates...

...Border”. The writ petitioner has assailed the termination order dated 17.01.2019 whereby the contract has been terminated and wherein it is stated that the contractor had failed to execute the contract...senior counsel at length, the matter concerns a subsisting contract of the petitioner for construction work for “Development of Integrated Check Post at Dawki (Meghalaya) along the Indo-Bangladesh...with due diligence in terms of clause 3 (ii) of the Conditions of Contract.4. Mr. S.S Dey, learned senior counsel has drawn the Court's attention to the letter dated 16.01.2019 whereby...

...was partially terminated in the structural portion of the work on 12-1-1980. On 6-6-1980 the whole of the contract was terminated because of default committed by the contractor. The contractor filed a.... As noted above, the contract was for a total sum of Rs 12,23,500. The contractor allegedly committed breach of the contract. It was partially terminated on 12-1-1980 in respect of the structural...portion of the work and the contract was finally terminated on 6-6-1980. By this time the contractor had executed less than 50% of the work and had been paid a sum of Rs 5,71,900...

...contention is without basis. Even if the contract has been wrongfully terminated, the petitioner will have adequate opportunity to claim damages in the arbitral reference. Merely because the contractor...perceives a contract to have been wrongfully terminated and challenges the wrongful termination, the Railways cannot be restrained from having the work completed by appointing another in place of the...Sanjib Banerjee, J.:— The petition is misconceived and is liable to be dismissed in limine.The petitioner was awarded a contract by the Railways and the contract was...

...produced by the Contractor towards the advance payment was forged. As a consequence, NHAI terminated the contract with the Contractor on 11.12.2004 and in exercise of its rights under clause 61...Highway No. 1) to the second respondent (M/s. You One Maharia-Jv), hereinafter referred to as ‘the Contractor’ on 31.5.2001 Under the said contract, NHAI made an advance payment of Rs. 14,10,27,337/- to...amount was secured by an unconditional bank guarantee furnished by the Contractor. Clause 61 of the General Conditions of Contract provides that all material on the site, Plant, Equipment, (apart from...

...termination made by BSRDCL has no effect and the same is infructuous,because the Contractor has already terminated the contract prior to issuance of the notice issued by the BSRDCL. There is nothing on...State Highways Authority of Jharkhand. 2. It reveals from the impugned order that such declaration made on the pretext that the petitioner's contract was terminated by Bihar State...Road Development Corporation Limited ( BSRDCL), Patna, a public entity. But it appears from the record that the Dispute Board, constituted under sub- clause 20.4 of the Contract, has decided that the...

.... The due date of completion was 2-11-1990 (21 months). The employer granted extensions from time to time on the request of the contractor up to 31-5-1992. Subsequently, the contract was terminated by...extended up to 22-6-1992. The contract was subsequently terminated by the employer on 1-7-1992.5. In respect of the Road Contract, the date of commencement of work was 3-1-1989...that the contractor himself was liable for delays; that the employer had granted extension for the delays; and that the contract prohibits the contractor from making any claim for compensation or...

...Government would retain lien over the instrument and materials belonging to the contractor notwithstanding the contract not being terminated. On examining the provisions of clause 45 of the contract we have...contract is terminated by the Engineer Incharge. In the case in hand, admittedly, there has been no order of rescission of the contract as has been noticed by the High Court. Consequently, the High Court...and dispute having been arisen, in accordance with the arbitration clause, the dispute was referred to the Arbitrator. The Arbitrator case to hold that the contract in question not having been...

....Unless the contract has already been repudiated or terminated, the contractor shall, in every case, continue to proceed with the works with all due diligence and the ...integral part of the conditions specified in the contract. Under the contract, the contractor was to complete the works within forty-two months.3. That the work could not be...:“53.1 Notwithstanding any other provision of the contract, if the contractor intends to claim any additional payment pursuant to any clause of these conditions or otherwise, he shall give...

...months from the date of issue of the order dated 17-10-2000 and the contract value was Rs. 16,61,17,473. The appellant terminated the contract on 29-10-2002 alleging that the respondent contractor though...to the extra cost involved in getting the work completed through an alternative contractor, the arbitrator observed thus:“102. The contract was terminated in October...and the following paragraph was added in regard to the extra cost in getting the work completed through an alternative contractor:“Since the aforementioned contract is...

...liquidated damages. The contractor proceeded with the work even thereafter. However, as the progress was slow, the respondents terminated the contract on 14-3-1996 on the ground of non-completion even..., the respondents terminated the contract by order dated 29-8-1994. The termination was challenged by the appellant in a writ petition filed before the Gauhati High Court. By judgment dated 27-9-1994...loss of anticipated profit in regard to the value of the unexecuted work which would have been executed by the contractor if the contract had not been rescinded by the respondents. The contractor...

...informed that services of a number of labourers were to be terminated w.e.f 1-1-1987 because the contract of the contractor concerned was to expire on 31-12-1986. This Court, however, directed that...mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor. “Principal...contract labourers is of perennial nature. Section 12 enjoins that no contractor to whom this Act is applicable shall undertake or execute any work through contract labour except under and in accordance...

...relates to minor penalties. Where the breach of the conditions of the contract committed by the forest contractor is serious, the contract itself is to be terminated and a substantial penalty is to be...as penalty shall not be realised from the contractor until the contract has been duly terminated in accordance with the provisions of Rule 30. This is because you cannot keep a contract alive and...the Rules for breach of conditions of the contract. There were three small amounts of fine also, all together resulting in a sum of Rs 23,088.00. Eventually, the contract was terminated on December 28...

...contractor as on 17-4-2006 and at the time when the contract with the respondent was terminated by the Divisional Engineer, a substitute contractor, who was willing to perform the remaining work left...that Mr Rajagopal offered by the respondent as substitute contractor was substituted in place of the respondent on 1-6-2006. It means that the contract could not have been terminated earlier than 1-6...reference to GOMs No. 4682 of the Public Works Department dated 16-11-1951 and stated that in the light of the contents of the said G.O a contractor would be entitled to terminate a subsisting contract only...

...28-4-1994.2. Both the contracts awarded to the respondent contractor were terminated on 7-11-1994. Admittedly, the general conditions of contract of the Railways, which...Railway, which had entered into the contracts with the respondent contractor, was bifurcated into North-Eastern Railway and East-Central Railway. As the jurisdiction in respect of the aforesaid Contract No...contract and at the same time the East-Central Railway has not responded in any positive manner to the several demands for arbitration lodged by the contractor.4. Insofar as...

...a provision in the agreement to terminate the contract. The Railway gave three months' notice to the contractor. They terminated the contract. Now disputes have arisen between the parties. These...Lal, sole proprietor of M/s. Bharat Lal & Co., entered into a contract with the respondent, Northern Railway, for doing conservancy work at Ghaziabad. This contract was for a period of 2 years.... He was to be paid Rs. 830 per month. The Railway rescinded the contract on 20th November, 1969 with effect from 20th February, 1970.3. Bharat Lal made an application...

...tender notice was published on March 22, 2016. The existing contractor is apprehensive. He feels that if new contractor is appointed, his contract may be terminated.5. The question is...whether the existing contractor has a vested right to continue. It takes time for appointment and, therefore, it cannot be said that an outsource agency must continue until such time.6...interference by a judicial review in such matters by the Court is extremely narrow and unless it is found that the public authorities acted unfairly to the concerned contractor, we should not interfere...

...-mentioned, letter. On the other hand, the contract was terminated illegally and wrongfully. It is further averred that extension demanded by the Contractor was necessitated by breaches of contract and the..., i.e. Union of India and its Officers. The Contractor was willing and competent to complete the said work within the stipulated period but on account of continuous breach of contract by the...respondents, all programmes, policies and budgets of the Contractor were destroyed. According to him, some of the breaches of contract, have been detailed in paragraph 7 of the application which is reproduced...

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