Whereas, the facts and records clearly show that there is a
contributory delay, as the respondent/claimant has failed to fulfill their
obligations ... Site or for
Short Payments or any alleged "contributory delay'' and none was ever
alleged by the petitioner. As a result
petitioner is held responsible for 5 months 13 days delay and for remaining period of delay, blame has come on the respondent. This aspect ... either parties and, therefore, we proceed on the aforesaid premise of contributory delay on both the parties to the extent indicated above.
26. The first
completion of the project”. The award does indicate that the
contributory delay on the part of the claimant was present to the mind ... taken into account
extraneous material or consideration. Once the aspect of contributory delay
was present to the mind of the arbitrator, as is reflected
held that the
contract was prudently awarded to BHEL and the delay was
due to BHEL which was beyond the control of the generating
Page ... Tribunal in the said judgement has also found
that there was contributory delay from the generating company
and applied the situation (iii) of the said
execution of work contracted. It has
also evident that there was contributory delay
on account of delay in supply of architectural
/structural drawings, non-availability
extension was without any penalty on the appellant. If
there are contributory delays, then it is normally stated so and the
period is extended accordingly
seeking to quash the entire criminal
proceedings on account of delay. This petition was admitted by the
High Court on 20.11.1998. The petition came ... noted here is that, what is often trotted as
contributory delay on the part of the accused, which is really in one
sense taking recourse
learned counsel urged
that the Tribunal had correctly factored in the contributory delay in
the performance of the Contract by the respondent and considered ... that there was a fundamental breach of Contract, factored
in the contributory delay caused by the appellant and fairly
awarded Loss of Profit by slashing
Supreme Court, which holds that where there are contributory delays
attributable to both the contractor and the employer, and the contractor
has sought and obtained ... this Court. Consequently, the petitioner‟s
contention that there were contributory delays and that the respondent
is therefore not entitled to additional costs is without
M/S. National Highways Authority Of ... vs M/S. Hcc Ltd. on 8 July, 2014
