Respondent No.5 towards the
execution of the EPC contract, it had not
8
achieved connectivity in any of the 23
districts of the State ... monies from APAKSH
Broadband Limited, purportedly for execution of
the EPC contract, but without any tangible
benefit to the Respondent No.1.
9. Mr. Gupta
respondent-
NHPC, inviting tenders for "Engineering Procurement Construction
(EPC) Contract for 10 MW capacity Floating Solar Power Project at
West Kallada in the State ... concluded contract.
(vii) Under Section 7 of the Indian Contract Act, 1972
(hereinafter referred to as "the Contract Act "), absolute and
unqualified acceptance
appeal. He has submitted
as under:-
(i) Clause 26 of the EPC Contract mandatorily required the
parties to attempt to amicably settle the Disputes (identified ... bypass the contractually agreed mechanism under Clause
26 of the EPC Contract.
(iv) Section 23(2A) of the Act does not permit a counter claim
which the bank guarantees are sought
to be injuncted; under the EPC contracts, the appellant was
required to undertake the works in such a manner ... construction works contract; Rs.145.75 crores under the supply
(ex-works) contract; 9.04 Million USD under the supply (C&F)
contract
which the bank guarantees are sought
to be injuncted; under the EPC contracts, the appellant was
required to undertake the works in such a manner ... construction works contract; Rs.145.75 crores under the supply
(ex-works) contract; 9.04 Million USD under the supply (C&F)
contract
refund
the amount of Rs.200 crores, siphoned away under the EPC
contract dated 10.3.2010, to the Company, along with
interst on the aforesaid amount ... crores, siphoned away as
bonus under the EPC contract dated 10.3.2010, to the
Company, along with interest on the aforesaid amount at
such rate
Principal Contract, when the sub-contract did not
have such a clause. It was held that though the sub-contract was a
back-to-back ... examine whether the contract in Sharma and
Associate Contractors (supra) constituted a sub-contract or a sub-sub-
contract, or whether the findings therein could
learned Arbitral Tribunal failed to
appreciate the true nature of EPC Contract which relates to execution of
Signature Not Verified
Page 8 of 71
Digitally ... holding
that the petitioner acted contrary to the ethos of the EPC Contract as it
floated the tender at a stage when the scope
terms of clause 23.1.1(e), (q) and
(r) of the EPC contract agreement, highlighting several defaults on the
3
part of the petitioner. The petitioner ... intention to terminate the work, as per Clause-
23.1.2 of the EPC contract agreement, was communicated to the
petitioner alleging that despite several correspondences
various conditions of the contract
suffers from perversity as the contract was the jurisdictional document.
He submits that under the EPC contract the Respondent ... contract was tasked
with the duty to enforce the terms of the contract and could not travel
beyond the four corners of the contract
