Clause 55 which relate to termination and modification
respectively read as under:
―50.1 Conditions leading to determination of
contract
i. If the Contractor
a. becomes ... work executed and get the same completed. Under
Clause 50.2 upon 50.1 (ii) (being satisfied), Ircon has the power to forfeit
the entire performance security
Modification of Work) of the General Conditions of Contract.
Hence, clauses 50.1 and 50.2 of the agreement which relates to
determination of contract inter alia ... modification of work and not
action under Clauses 50.1 and 50.2, it is necessary to delineate the
relevant finding:
"10.6 Findings: -
xxxx xxxxx xxxxx
DETERMINATION OF CONTRACT DUE TO
CONTRACTOR'S DEFAULT
50.1 Conditions leading to determination of contract
1.1.1 If the Contractor
*****
h. fails to adhere ... Signing Date:18.05.2021
18:18:14
In cases described in sub- clause 50.1(ii) above, the
Employer/Engineer shall be entitled to forfeit the
security
resolution of
the disputes arising from the agreement by arbitration. Sub-clause 50.1
thereunder reads thus:
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI ... 2020 Page 1 of 9
Signing Date:24.11.2021
18:39:59
"50.1 This shall be governed by NTPC GCC subject to the
provisions
through M/s.
Shriram Autho Finance, had invested and acquired 50.1% shares in EMAS
and the balance of 49.9% shares is held by the complainant ... whereas SS and PEIL are the only
shareholders of EMAS – PEIL holding 50.1%
and SS the balance 49.9%.
• And whereas for business exigencies, both PEIL
petitioner invited my attention to
clause 50(5) and also 50.1 and 50.2 of the Contract and submits that
the certificate for interim payment ... that part of the award was thus
contrary to clause 50.1 and 50.2 of the contract. He submits that the
learned arbitrator ought to have
respondent No.1 - who
appears on advance notice, submits that under Clause 50.1(i)(h) of the GCC,
the employer, i.e. respondent ... said clause, insofar as it is relevant, reads as follows:
"50.1 Conditions leading to determination of contract
i. If the Contractor
Contractor. Clause 50.0 of the Contract provides for settlement of disputes. Clause 50.1 provided for an Adjudicator. Clause 50.1.1 provided that if any dispute ... that on the scheme of the contract with particula reference to Clause 50.1 and 50.2. the decision given by the Adjudicator has attained finality, Gridco
ಅಂ.ಮ .ಳ^ವk1ೆ ಪತ 7ೕಡ5ಾ ರುತ-Xೆ.
17
50 Termination
50.1 The Employer may terminate the Contract if
the other party causes a fundamental ... tender clause 50. 50.1& 50.2 (a) and cancel
the tender awarded to M/s Aishwaryagiri Constructions
Private Limited and to Re-tender take
respondents to conduct a proper land survey on
petitioner's 50.1 cents of land comprised in S.No.464/1, sub division ... division S.No.464/1A3A to an extent
of 50.1 cents at South Thittankulam, Ward No.3, Kovilpatti Taluk, Thoothukudi
District.
2. The petitioner purchased
