Sail International Thr. Its Proprietor ... vs Shivajirao Bhosale Cooperative Bank ... on 27 June, 2023
Author: N.R. Borkar
Bench: N.R. Borkar ... Societies and another ... Respondents
WITH
WRIT PETITION NO. 7712 OF 2023
Sail International through its Proprietor
and another ... Petitioners
Versus
Shivaji Bhosale Co-operative Bank
with a
laycan on 23rd-26th November, 2011. The goods did not sail by the
agreed date, i.e 30.11.2011, instead, the goods sailed only ... consequence of the breach
on 30.11.2011; when the shipment did not start
sailing, was that the contract itself came to an end.
Again, this
arbitration proceeding Steel Authority of India (in short
'SAIL') was the claimant. The respondent HTC in the said proceeding filed a
counter-statement ... handling iron and steel materials at the Stock-yard of SAIL located
at Paharpur, 20 Coal Berth and DP-II siding of Calcutta the respondent
block was allotted to Steel Authority of India Ltd. (in short
'SAIL') and a sum of Rs. 20.95 Crores was released ... petitioner's total 612 Mine Infrastructure Assets were vested in SAIL.
The remaining amount was compensation towards Land.
13. Vide judgment dated 09.03.2017 passed
been working as a Law
Officer with the Steel Authority of India („SAIL‟) since 2010. He earned a
degree in B.A.LLB. (Hons.) from ... with the Bar Council of Uttar Pradesh on 23.05.2010. In June 2010,
SAIL issued him a letter of appointment and in July 2010, he started
that, Steel Authority of India Limited (hereinafter to be
referred as "SAIL"), a Central Public Sector Undertaking
under the ownership of Ministry ... tender process as it
was not serving any banning orders issued by SAIL
debarring them from carrying on business dealings with
SAIL. Along with
complied with, is this an
issue of jurisdiction or admissibility ?
112. Are SAIL's claims time barred under the Limitation ... under the Contract ?
i. Are the Respondents jointly and severally liable to
SAIL under the Contract ?
Contractual claims
114. Did :
a. SSIT breach
confines of
an existing factory covered under the Factories Act, 1948 .
SAIL disputes the same. However, it is not necessary to
examine this question ... concededly, there is no provision in
the Agreement, which entitles SAIL to withhold any amount on
account of the alleged dues payable under the Building
RAWAT CHOUDHARY
For the Appellant : Mr. Saibal Kumar Laik, Advocate
For the SAIL : Mr. Saket Upadhyay, Advocate
: Ms. Sonal Jaiswal, Advocate
For the Resp ... behalf of the Steel Authority of India
Limited (in short "SAIL") to support the writ Court's order is that the order
respondent in CR-1634-2022.
Mr. Atul Kumar Tripathi, Law Officer for SAIL.
Mr. Saurabh Arora, Legal Aid Counsel
for respondent ... that the M/s Steel Authority of India (for
brevity 'SAIL') placed a purchase order with MR Beltings, Sonepat (for
short 'Supplier