Patel Engineering Ltd vs Ntpc Ltd. on 22 December, 2016
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~8
* IN THE HIGH COURT OF DELHI ... 2015, 1172/2015 &
867/2016
PATEL ENGINEERING LTD ..... Decree Holder
Through: Mr D. S. Chadha with Ms Jaskirat
Kaur, Advocates.
versus
NTPC LTD. ..... Judgement
three-Judge Bench of this Court
in Northern Railway Admn. v. Patel Engg. Co. Ltd. [Northern
Railway Admn. v. Patel Engg ... been held in Northern Railway Admn.[Northern Railway
Admn. v. Patel Engg. Co. Ltd., (2008) 10 SCC 240] not to be
mandatory, but only embodying
judgment of the
Supreme Court in SBP & Co. vs. Patel Engineering Ltd. and anr (2005)
8 SCC 618, wherein in para 45, the Supreme ... submissions:-
(i) (2005) 8 SCC 618 SBP & Co. vs. Patel Engineering Ltd. and Anr.;
(ii) AIR 2007 Mad 73 M/s Ennore Port
earlier decision in
S.B.P. & Co.v. Patel Engineering. Ltd.and Anr. : (2005) 8 SCC 618 -
identified and segregated issues that come
contra, the counsel for the respondent has relied upon Patel
Engineering Limited Vs. Union of India (2012) 11 SCC 257 in para 38
whereof ... blacklisting the government must act
under a standardised code. Again in Patel Engineering Limited supra it was
held that State can decline to enter into
upon its previous judgments, including S.B.P.
and Co. v. Patel Engineering Ltd. & Anr. (2005) 8 SCC 618 and held that
while applications
Section
11 before the Court.
31. In SBP & Co. vs. Patel Engineering Ltd., (2005) 8 SCC 618,
the Supreme Court observed:
...It is fundamental
decision in the case of W.B. State
Electricity Board v. Patel Engineering Co. Ltd. And Others- (2001) 2
Supreme Court Cases 451. A specific
Court to assail the same.
23. In SBP & Co. v. Patel Engg. Ltd., (2005) 8 SCC 618 by Seven
Judges Bench, it was held
Assurance
Co. Ltd.[(2000) 10 SCC 178] , SBP & Co. v. Patel Engg.
Ltd. [( 2005) 8 SCC 618] , National Insurance Co.
Ltd. v. Nipha Exports