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
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
considered necessary, for the purpose of finalizing the
contract in the overall interest of CONCOR and the
trade. Therefore, it felt that having regard ... High Court erred in setting aside the
order of the CONCOR awarding the contract to the
appellant."
(ii) In Canara Bank
arising between CONCOR and the transport contractor or between CONCOR and any third party or in respect of any money due to CONCOR ... reference to this contract or any other contracts entered into by the transport contractor singly or jointly with others and CONCOR, CONCOR shall detain
unit or the loss shall be compensated
by CONCOR based on the estimated value of the contract
for sustaining & providing satisfactory services to your ... para-17 is unilateral and has
given only CONCOR to terminate the contract with a two-
month notice period. The request regarding the severe loss
