Contracting / Engineering Co Ltd vs Bharat Heavy Electricals Limited on 16 September, 2016
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
THE HIGH COURT OF DELHI ... DELHI
% Judgment delivered on: 16.09.2016
+ EX.P. 443/2014
GEA EGI CONTRACTING / ENGINEERING
CO LTD ..... Decree Holder
versus
BHARAT HEAVY ELECTRICALS LIMITED ..... Judgment Debtor
Advocates
there was only one bidder namely M/s.MJD Construction and Engineering Contracts (P) Ltd. According to the petitioner, the said bid was cancelled ... Suganya Constructions
iv)MJD Construction and Engineering Contracts (P) Ltd.,
v)K.Manikandan (petitioner herein)
Out of the above five bidders, only two namely
which speaks of "Contract of Guarantee". A "Contract of
Guarantee" is a contract to perform the promise or
discharge the liability ... reference to Hudson's Building and
Engineering Contracts 12th Edition (Pages 77- 81 of RH-1)
and 1978 (1) ALL ER 976 Edward Owen
third contract between the
Assessee and ONGC. Subsequently, the Assessee entered into another contract
for C-Series Project (termed as Contract ... General Conditions of Contract"
of both the 4WPP Contract and C-Series Contract included "Surveys (pre-
engineering, pre-construction/pre-installation and post
which speaks of "Contract of Guarantee". A "Contract of
Guarantee" is a contract to perform the promise or
discharge the liability ... reference to Hudson's Building and
Engineering Contracts 12th Edition (Pages 77- 81 of RH-1)
and 1978 (1) ALL ER 976 Edward Owen
contract or extended period of the contract would be payable as per the
contract and would exclude the profits relatable to the contract ... period of contract disabled the contractor to use the same for
another contract and it is loss of profit of that contract which
time would then cease to be of the
essence of the contract. The majority therefore held that completion date
once disregarded by ordering extra work ... works. Referring to the treatise Hudson's on Building and Engineering
Contracts, the majority arbitrators have observed that because the owner
had allowed
MUKTA GUPTA, J.
1. Navayuga Engineering Co. (P) Ltd. (in short „Navayuga‟), the
appellant herein was awarded a contract to construct a bridge across river ... Supra) held as
under:
" In Hudson's Building and Engineering
Contracts (11th Edn., pp. 1098-99) there is reference to
"no-damage
Binay Kumar Choudhary son of Shri Ambika Prasad Choudhary, Lecturer
(Contract), Deptt. of Civil Engineering, Government Polytechnic, Bhagalpur R/o -
Pipradih, P.O. - Morama ... Manoj Kumar Rajak son of Late Bhikho Rajak, Lecturer (Contract), Deptt. of
Electrical Engineering, Bhagalpur College of Engineering, Bhagalpur. R/o Village
purpose of evaluating the experience
of a firm that bids for the contract. Such an interpretation gives
the terms and conditions of the tender commercial ... requires the bidders to have experience in
a particular type of engineering contract. All the partners of the
firm may be engineers but with experience
