engineering etc. It formed
a consortium along with Ballast Nedam International BV, Itochu
Corporation, Mitsui & Co. Ltd., Toyo Engineering Corporation and Toyo
Engineering (India ... with this Contract.
The Parties acknowledge and agree that this Contract is a
lump-sum firm fixed price time certain turnkey contract
and Contractor
contract did not stipulate any period for completion and
delivery. Being a building contract, time was not the essence of
the contract. The project related ... Houses. 490 houses were completed during 1989. The
contractor - M/s. Khoday Engineering, raised a dispute and
delayed the work relating to the remaining
dated 25.11.1995 pointed out to NRL
that contract price consisted of CIF value, cost of design and
engineering and supervision and other incidental costs ... entire scope of work on divisible
contract basis and indicate the following break-up
schedule:
a) Dosing and Engineering charges for the
complete works
contract. He has no power
apart from what the parties have given
him under the contract. If he has
travelled beyond the contract, he would ... authority from the contract and if he acts in
disregard of the contract, he acts without jurisdiction. A
deliberate departure from contract amounts
according to the terms of the
contract the value of indigenous supply remained at
Rs.67,95,710/- and the appellant realised the
differential amount ... respondent in executing the contract.
In the case of Trustees of the Port of Madras Vs.
Engineering Construction Corporation Ltd. [AIR 1995
SC 2423], while
appointment of Third/Presiding Arbitrator in accordance
with the Agreement/Contract Package No. NS-23/AP
dated May 31, 2001 entered into between the petitioners ... Engineering and
Construction Co. Ltd. at the time of Joint Venture
Agreement and also at the time of contract dated May 31,
2001 with NHAI
Order acquired the character of a
concluded contract or not and the question as to whether the contract was
non est can only be decided ... contract, the question as to whether the alleged contract was non
est and the question as to whether M/s Sunvijay Rolling and Engineering
main contract) was signed between
Tahal and TNPWD, with DHV and two other concerns,
namely, Lahmeyer International of Germany and
Consulting Engineering Services (India ... completion of the main contract in March/April, 2002
and on final payment on 30th January, 2003, the
contract came to an end and, therefore
appointment of Third/Presiding Arbitrator in accordance
with the Agreement/Contract Package No. NS-23/AP
dated May 31, 2001 entered into between the petitioners ... Engineering and
Construction Co. Ltd. at the time of Joint Venture
Agreement and also at the time of contract dated May 31,
2001 with NHAI
Annexure 12 of the agreement. The services included:
(a) basic engineering package for the hot discharge
and hot briquetting system;
(b) advice to Essar ... seminars.
8. Article 10 of the agreement is as under:
Article 10: CONTRACT DHILL:
In consideration of fulfilment by Collaborator of
its obligations under this