this contract to the satisfaction of CONCOR, it shall be open
to CONCOR to terminate this contract by giving sixty days notice. In the
event ... CONCOR in getting the work done and the
damages which CONCOR may sustain as a consequence of such action.
22. PAYMENT
22.3. CONCOR will issue
work under the Contract. Whereas the
petitioner contends that it was not part of the contract awarded to the
petitioner, CONCOR disputes the same ... exercised its right to terminate the Contract under Clause 19 of the
Contract for the reason that CONCOR had decided to deploy their own
RSTs
contract to the respondent, in contravention
of the proscription, against such sub-letting, contained in the contract
between CONCOR and the appellant ... payment to the respondent, stood extinguished with the
termination of the contract between CONCOR and the appellant.
21. The appellant is before
could continue to do the
work assigned under the contract till the CONCOR reconsidered the bid
submitted by the first respondent. It was further directed ... which the High Court has quashed the
decision of CONCOR awarding the contract to the appellant is that there
was no license
performance under this contract within [15 days] from the
date of communication of award of contract in his favour by
CONCOR.
XXXX XXXX XXXX XXXX ... manner either to get the
contract or during the pendency of the contract, in all such cases
CONCOR at its sole discretion may terminate
rejected this submission and held that there was no privity of
contract between CONCOR and HSCL, and that the liability to make
payments to HSCL ... there is no privity of contract between the Contractor and
CONCOR. The privity of contract is between the parties to the present
proceedings. Work
being 5% of
the contract value. Thereafter, on 23.03.2017, Concor and SIL entered
into a formal contract. It was stipulated that the work would ... been a considerable delay in execution
of the contract for reasons attributable to Concor and in view of rise in
the prices of material
CONCOR. Learned
Arbitrator also noted that as NPCC had subcontracted the work to the
contractor, and this entitled CONCOR to rescind the contract ... alleged loss of
profit. It also noted that termination of contract by CONCOR was due to
absence of permission to sub-let. Hence, the Award
respect of another contract (the Rewari
contract). He submitted that in terms of Clause 10.6 of the Agreement,
CONCOR was entitled to withhold and recover ... under the contract or any other contract to set off
against any such claims whether arising out of this contract
or part of any other
arisen consequent on the letter of March 19 2013 of CONCOR by which
CONCOR has abrogated to itself a right to change the tender
conditions ... respect to performance of the obligations under the above
referred tender contracts.
3) CONCOR
has imposed penalties in form of bill wise deductions
