Skyline Engineering Contracts (I) Pvt. ... vs Centex International Pvt. Ltd on 27 September, 2018
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~
* IN THE HIGH COURT ... Pronounced on: 27th September, 2018
+ ARB.P. 200/2017
SKYLINE ENGINEERING
CONTRACTS (I) PVT. LTD. ..... Petitioner
Through : Mr.Jeevesh Nagrath and
Mr.Chitvan Singhal, Advocates
M.D., Army Welfare Housing ... vs Sumangal Services Pvt. Ltd on 8 October, 2003
Equivalent
referred to.
Hudson's Building and Engineering Contracts, 8th Edn.
pp. 294, 296, referred to.
3. In some awards given by the arbitrators ... rates. [88D-F]
Gajaria's Law relating to Building and Engineering
Contracts in India, 3rd Edn., pages 410-412, referred
upon the extracts from the book on Law on Building and Engineering Contracts, which also incorporates the Hudson's Formula. He submitted that ... policy of India.
23. The Contract Act provides that if a contract is arrived at through fraud, the said contract is voidable at the option
based on the formula specified in Hudson's Building and Engineering
Contracts.
10. The petitioner on the other hand had submitted that no such ... based on the formula specified in Hudson's Building and
Engineering Contracts which has been approved by Apex Court in
ARBT
certification or
finality clause in legal terminology. Hudson on Building and Engineering
Contracts (Tenth Edition; at pp. 437-438) deals with the clause as under
contract or these conditions or concerning abandonment of the contract by the Contractor and in respect of all other matter arising out of this contract ... with approval the following illustration from Hudson on 'Building and Engineering Contracts' (11th Edition, Volume II, para 18.067) to show that
issued by the respondent-
NHPC, inviting tenders for "Engineering Procurement Construction
(EPC) Contract for 10 MW capacity Floating Solar Power Project at
West Kallada ... purpose of inviting bids for "Engineering
Procurement Construction (EPC) Contract for 10
MW capacity Floating Solar Power Project at West
Kallada in the State
determined in a quasi-judicial manner. Hudson's Building and Engineering Contracts, 8th Edition, page 222. If it is not to be so determined ... collusion or misconduct.
41. In Hudson's Building and Engineering Contracts, (8th Edition, Page 210), the law is stated thus--
"The great majority
question of agency, it was
submitted that in building and engineering contracts, the architect as
certifier does not act as an agent of the employer ... contractor. A reference
was made to Law Relating to Building & Engineering Contracts in
India, Fourth Edition by Kishore Gajaria. Moreover, the petitioner
