these appeals, are that,
the appellant herein, entered into ship building contract with
the respondent no.1 herein on 6th December, 2006. By the
aforesaid ... respondent no.1 for ship building on 6th December, 2006 and by
the aforesaid contract, the appellant agreed to design, build,
Page
wherein a
reference was made to Hudson's Building and Engineering Contracts
(9th Edition, p.492) which set out the principles as follows ... under:
"(6) The fact that the engineer has under the building contract, a
power to extend for any reason the date for completion
respondent does deny that the contract in
question was awarded to the applicant for refurbishment of the SRA
administrative building. It is contended that ... dispute that the applicant was awarded a contract for
refurbishment of the SRA administrative building. It is also not in dispute
that the applicant
work relating to Construction of..' From the Contract
provisions it is clear that the Contract was to deliver, install, complete and
commission certain facilities ... related to execution of any
construction work or building or it is a contract for the execution of work
relating to construction, repair or maintenance
HAVE ARISEN BETWEEN THE PETITIONER AND THE
RESPONDENT ARISING FROM THE SUB CONTRACTS,
PRODUCED HEREWITHAS & ETC.,
Date of Order ... account of certain disputes arising between
the parties in the contract for construction of building at
Bengaluru.
2. The contract in question which contains
briefly state, the respondent entered into Shipbuilding
Contract on 6.12.2006 with each of the petitioners for designing,
building, etc., the 'Vessel' at Pipavav ... same upon
terms and conditions mentioned in the contracts. In the contracts,
the respondent is referred as 'Builder' and the petitioner of each
considering its representations.
The petitioner has averred that though the aforesaid contract was
awarded under the acceptance letter dated 12.06.2013 but the sites were
handed ... pertinent to mention herein that the
building work is only worth Rs. 4 crore, out of the total contract value of Rs.
10.98 crores
completed
and possession is handed over to the owners of the building, the question of
refund of Security Deposit arises. The agreement clearly contains ... contention that, even on
06.07.2015, the building was not completed, as per the terms of the contract.
Learned counsel further contended that the Premium
conditions of the tender and started to work under the contract at
old terminal building. In the meanwhile, the respondent
inaugurated a new terminal ... decided to shift all
the domestic airlines operations to the new terminal building. The
International Airlines were to continue their operations in the old
terminal
noticed that the applicant was awarded the contract
for construction of multi story building for housing project at Apollo
DB City Nipania, Indore. The agreement ... between the parties hereto as to the
construction or operation of this Contract, or the
respective rights and liabilities of the parties on any
matter
