E. Contracts (P) Ltd vs Commissioner, Central Goods And ... on 10 December, 2024
Author: Yashwant Varma
Bench: Yashwant Varma
* IN THE HIGH COURT OF DELHI ... Signed
By:KAMLESH KUMAR
Signing Date:10.12.2024
17:18:44
B. E. CONTRACTS (P) LTD .....Petitioner
Through: Mr. Ravi Kant Chandok, Mr.
Umesh Sarwal
Contract for air-conditioning and
ventilation,
(viii) Annual Maintenance Contract for electrical
maintenance,
(ix) Annual rate contract for Material handling,
(x) Annual Maintenance Contract ... undefined
(xi) Annual rate contract for housekeeping of colony.
(xii) Annual rate contract for Bed Ash Disposal,
(xiii) Annual rate contract for Housekeeping of lignite
under
the Material Contract dated 01.12.2016 and consequential delay in
execution of Project Contract dated 01.12.2016, the petitioner signed five
other contracts with the respondent ... Material Contract and
Project Contract both dated 01.12.2016 and Sales Contract and
Installation Contract both dated 10.01.2017 ( i.e.Contracts
Bank Guarantee. It has been mentioned that 10% of the
Contract amount i.e. Rs. 62,35,000/ should be submitted within 15 days ... scheduled bank for 10% of the value of the awarded
contract i.e. Rs. 62,35,000/- without having any ceiling within 15 days from
194C need not be restricted to
"works contracts" (i.e. labour contracts) because the
subsection expressly includes supply of labour to carry ... encourage
investments from the private sector and hence work
contracts, i.e. contracts involving merely labour (or mere
execution of construction without making investments
works
contract. The additional obligations in the contract would not alter
the nature of contract so long as the contract provides for a contract ... splitting the contract into a sale contract (for a portion of goods
required to execute the works contract) and works contract (for only a
portion
present
dispute however arises out of a private contract for maintenance
of underpasses in the E.M. Bypass and advertisement rights over
certain spaces within ... contract, the
State’s relations and all its actions were said to be within the field of a contract
i.e., within the realm
e., the Advocates who are engaged by
the clients outside the precincts of the court and outside the litigation
11
process i.e ... relationship should be classified as
a contract ‘for services’ as opposed to a contract ‘of service’ [i.e. contract
‘of personal service’] is a vexed
fact, there is no contract at all between them and
consequently, there is no privity of contract between the Petitioners and
SRG Group ... present arbitration proceedings i.e., (a) SRG
Group should be shown to have agreed to the underlying contract and (b)
SRG Group should also
respondents to fulfil the
contract cannot be disbelieved. The petitioner has proven his readiness and
willingness to perform the contract;
e. The conclusion ... Officer , (2024) 2 SCC 362
Page 18 of 38
PART E
E. Limitation
21. The Schedule to the Limitation Act 1963 prescribes the period