this
appeal in this Court.
4. The appellant entered into a contract on
29th May, 2006 with the respondent by which the
respondent had agreed ... short goods) to the appellant as per schedule set
out in the contract. In the said contract, one of the
terms of payment was that
trial run by
25th July, 2003. It is submitted that the contract between the
parties envisaged four different kinds of bank guarantees to
ensure particular ... shall pay penalty by
an amount equal to =% (Half percent)
of the contract price for every
completed week of delay, but not
exceeding
Pipeline Contracts Private Limited vs Bharat Petroleum Corporation Limited on 4 April, 2007
Equivalent citations: AIR 2007 SUPREME COURT ... Tarun Chatterjee
CASE NO.:
Appeal (civil) 1783 of 2007
PETITIONER:
Ace Pipeline Contracts Private Limited
RESPONDENT:
Bharat Petroleum Corporation Limited
DATE OF JUDGMENT
being considered which are as follows:
3. The parties entered into a contract for the work of
dowel drain and wire crate ... dispute
arises between them in respect of the subject matter of the contract,
such dispute shall be referred to arbitration. In that case such
agreement
claimants) submitted tender, which was
accepted by the FCI. A formal contract was executed
between the FCI and the claimants on 19th September ... terms of the contract, the work was to
be completed within 10 months from 30th day of issue of
the orders and the time
follows :
" In order to interpret clause 5 of the
insurance contract, it is also necessary to
gather the intention of the parties from ... insurance policy between the
insurer and the insured represents a contract
between the parties. Since the insurer
undertakes to compensate the loss suffered
contrary to
the provisions of Section 23 of the Indian Contract Act and
also violative of Article 14 of the Constitution of India. By
virtue ... contrary to the provisions of Section 23
of the Indian Contract Act. In this connection, reliance was
placed on a judgment of this Court rendered
Rohtak,
and the contractor in connection with or
arising out of the contract, or the execution of
the work that is (i) whether before ... whether
before or after the termination, abandonment
or breach of the contract it shall in the first
instance be referred to for being settled
respondent in each case was engaged as Meter Reader on
contract basis by the appellant-Board. After disengagement
he made a claim stating that ... Court was that
the applicant was engaged as private Meter Reader on contract
basis which was renewed on two occasions and at the expiry
this appeal in this
Court.
4. The appellant entered into a contract on
29th May, 2006 with the respondent by which the
respondent had agreed ... goods") to the appellant as per schedule set out in the
contract. In the said contract, one of the terms of
payment was that
