Ntpc Limited vs Sri Avantika Contractors(I) Limited on 8 June, 2020
12. The Issue was whether the termination of the Contract by the
Petitioner, at the risk and cost of the Respondent, was contractually and
legally sustainable. To examine the issue, the Tribunal first relied on the
findings under Issue Nos. 1 & 2 and then traced the entire chronology of
dates and events from the date of issue of the NIT, on 17.03.2011 till the
termination. Reference was made to several documents on record, as well
as Clauses of the Contract. Reliance was also placed on the Order of the
NGT and the Supreme Court in case of NTPC v. M.P. Patil, Civil Appeal
No. 3870 of 2014. Tribunal noted that the status quo order of NGT passed
on 13.03.2014 was vacated by the Supreme Court on 25.03.2014, in the
above mentioned Appeal.