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
Advance Epc Contracts Pvt. Ltd. vs Central Public Works Department on 8 March, 2021
Bench: Rohinton Fali Nariman , B.R. Gavai
ITEM NO.7 Court ... passed by the High Court Of Delhi At New Delhi)
ADVANCE EPC CONTRACTS PVT. LTD. Petitioner(s)
VERSUS
CENTRAL PUBLIC WORKS DEPARTMENT & ORS. Respondent
assessee company had
entered into an Engineering & Procurement Construction (EPC) contract with
Larsen & Toubro Limited for developing a 20 MW Solar Power Plant ... EPC contractor had capitalised the same and had commenced its
commercial operations with effect from 09.07.2012. As per the EPC contract
the assessee company
entered into the following
contracts with Tata Power Solar Systems Limited (TPSSL):
a. An Erection, Procurement and Construction Contract -
EPC (Supply Contract) for Supply ... Details Post 2018
Submission date
GST
(2017 GST
Notification
Notification)
1. EPC Contract amounting to Rs.
695.61 Crores. [includes Module
5% 8.9%
procurement Cost
entered into the following
contracts with Tata Power Solar Systems Limited (TPSSL):
a. An Erection, Procurement and Construction Contract -
EPC (Supply Contract) for Supply ... Contract Details Submission date GST
(2017 GST Notification
Notification)
1 EPC Contract amounting to Rs. 5% 8.9%
695.61 Crores. [includes Module
procurement Cost
Article 14 of the Contract dated 09.02.2011 provides for
termination of the contract. A copy of the EPC Contract is enclosed at
Annexure ... enumerated under the EPC contract
that the contract has not been terminated by either parties and the
contract still subsists. Therefore, the Adjudicating Authority rightly
undated Supply Contract Agreement,
(iv) an undated Service Contract Agreement and
(v) an undated Works Contract Agreement.
All agreements were between DIPL and Indeen ... efflux of time on 2nd August, 2010, as neither
the EPC contract nor the O & M Agreement had been executed till the
said date
Engineering,
Procurment and Construction Agreement" (hereafter 'the EPC
Contract') on 07.04.2017.
3. The present petition arises out of disputes that have arisen ... respondent had agreed to sub-contract the execution of the EPC
Contract to the petitioner.
4. In terms of the Agreement, it was agreed that
this Hon'ble Court.
3
• Terms and Conditions of the EPC Contract: As per the
Schedule-B Article-9, Page No.40 of EPC ... cost of
rising of plantation was already included in the EPC
contract agreement. If the road contractor falls and if the
plantation is not taken
Further submission on the part of the Director is that
tripartite EPC contract/agreement has been executed
on 19.04.2021. The entire EPC contract runs into ... agreement dated 19.04.2021 is enclosed. Respondent
ensures to produce the entire EPC contract, if directed
by the Court. It is also the stand
