India would not normally grant
the relief of specific performance of a contract. This
view is supported by Ramchandra Murarilal Bhattad vs.
State of Maharashtra ... privity of contract
with IDA. MPRTC entered into a BOT contract with the
appellant contrary to the terms and conditions of the
lease which provided
Managing Committee of the Society on the
issue of giving BOT contract to certain interested persons in
violation of procedures & norms and concluded that
India would not normally grant the relief of specific
performance of a contract. This view is supported by Ramchandra Murarilal
Bhattad vs. State of Maharashtra ... privity of contract with IDA. MPRTC
entered into a BOT contract with the appellant contrary to the terms and
conditions of the lease which provided
Contractors. Number of fittings required is 40,000. The
period of BOT contract is eight years with extended guarantee
period of two years for installation ... period of maintenance contract
and issuance of advertising rights for street light poles in favour of
Respondent No.3 for BOT period
Contractors. Number of fittings required is 40,000. The
period of BOT contract is eight years with extended guarantee
period of two years for installation ... period of maintenance contract
and issuance of advertising rights for street light poles in favour of
Respondent No.3 for BOT period
perused
the relevant material on record. As discussed above, the appellant made
contract with NHAI to construct, operate and maintain 90 KMs N.H. between ... including expenditure on repairing of fencing.
This highway was taken on contract on BOT basis for 18 years. The assessee
has to recover his cost
executed pursuant to a BOT agreement, it does not involve any valuable
consideration, to make it a case of works contract.
14. The argument ... conditions. Ordinarily unless there is
a contract to the contrary in the case of a works contract the
property in the goods used
company registered under the 1956 Act,
had entered into a contract with the State of Madhya Pradesh
for the purpose of construction of road within ... petitioner and respondent no.1 entered into a
contract to carry out Sagar-Damoh-Jabalpur BOT Road Project
between Jabalpur and Katangi
herein entered into a concession agreement dated
04.05.2007 (in short the contract). The contract required the respondent to
construct : a road from kilometre ... Built
Operate and Transfer (Annuity) Basis (in short BOT).
3.2 The duration of the contract was 24 months. The date of
commencement was fixed
installing the
same within three years after execution of the contract.
The petitioner proceeds on the assumption that the State
Government has decided to install ... contractual terms executed
between the respondent No.5 - BOT Contractor and the State
Government. The contract between the respondent No.5 and
the State Government