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Reliance Naval And Engineering Limited vs Oil And Natural Gas Corporation on 30 November, 2018
cites
Abl International Ltd. & Anr vs Export Credit Guarantee Corportion Of ... on 18 December, 2003
7] Mr. Bhatt, the learned Senior Counsel appearing on behalf of
the Petitioner, submits that in view of the judgments of the Hon' ble
Apex Court in the case of ABL International Ltd and another vs. Export
Credit Guarantee Corporation of India Ltd and others 1 and in the case
of Union of India and others vs. Tantia Construction Private Limited 2,
1 (2004) 3 SCC 553
2 (2011) 5 SCC 697
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(914) WP-1949-18.doc
this Court can interfere if there is not much dispute on factual
position. The learned Senior Counsel submits that, in the present
case, from the conduct of the Respondent itself, it is clear that time
was not an essence of the contract and that Respondent has extended
the period from time to time for delivery of vessels. It is therefore
submitted that five more vessels are almost ready and conduct of the
Respondent in terminating the contract is unjust, requiring
interference by this Court in its extraordinary jurisdiction under
Article 226 of the Constitution of India.
Union Of India & Ors vs Tantia Construction Pvt.Ltd on 18 April, 2011
7] Mr. Bhatt, the learned Senior Counsel appearing on behalf of
the Petitioner, submits that in view of the judgments of the Hon' ble
Apex Court in the case of ABL International Ltd and another vs. Export
Credit Guarantee Corporation of India Ltd and others 1 and in the case
of Union of India and others vs. Tantia Construction Private Limited 2,
1 (2004) 3 SCC 553
2 (2011) 5 SCC 697
3/8
::: Uploaded on - 04/12/2018 ::: Downloaded on - 30/12/2018 11:46:19 :::
(914) WP-1949-18.doc
this Court can interfere if there is not much dispute on factual
position. The learned Senior Counsel submits that, in the present
case, from the conduct of the Respondent itself, it is clear that time
was not an essence of the contract and that Respondent has extended
the period from time to time for delivery of vessels. It is therefore
submitted that five more vessels are almost ready and conduct of the
Respondent in terminating the contract is unjust, requiring
interference by this Court in its extraordinary jurisdiction under
Article 226 of the Constitution of India.
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