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
Advance Epc Contracts Pvt Ltd vs Prolite Autoglo Limited on 3 April, 2025
BEFORE THE COURT OF SH. SURINDER S. RATHI, DISTRICT JUDGE
(COMM ... CENTRAL, THC, DELHI
CS Comm. No.3451/2021
Advance EPC Contracts Pvt. Ltd.
Having its regd. Office at:
239, Vivekanand Puri, Sarai
Rohilla, New Delhi
contract document for 600
MW Sawalkote HEP which formed the basic EPC contract signed
between the respondent No. 2 - JKSPDC and the Consortium.
69. This ... NHPC to complete the negotiations in order to establish cost of
EPC contract based on CPA appraised project cost.
70. With reference to the respondent
upon evaluation of the offer, the SPDCL decided
to enter into EPC Contract with Sawalkote Consortium. The EPC
contract was finally entered into between SPDCL ... meeting
with the Sawalkote Consortium decided that all the conditions of
EPC Contract dated April 21st, 2001 would remain intact, except
that, the project capacity
Engineering, Procurement and Construction Agreement ("EPC
Contract") for the Project floated by Respondent No.1 through a Notice
Inviting Tender bearing No. NHAI ... stated that on 02.09.2022, the EPC Contract was signed
between the Respondent Authority and the Joint Venture, outlining the scope
of work which included
entity"). The JV entity was declared successful bidder for an EPC contract,
the bids for which were invited by respondent No.1 through ... pertaining to the EPC Agreement, which
will certainly bring the arbitration clause in the EPC Agreement in play.
7. In EPC Agreement, there
said order to invoke arbitration clause
of the EPC contract agreement i.e., clause- 26 was in relation to
all grievances raised by it including ... agreement, the respondent-
SHAJ has rightly invoked Clause 23.6.1 of the EPC
contract agreement and has encashed/appropriated
the performance security as a predetermined
compensation
directed
to make payment of the Engineering, Procurement and Construction (EPC)
contract bill, in the account of the lead member ... been formed, for doing the
contract work pertaining to the EPC contract relating to an electrical railway line
between Jiribam to Noney under
terms of Clause 17.5.1 of the Engineering,
Procurement and Construction (EPC) Contract Agreement, the respondent authorities
were to release payments in relation to the EPC ... parties of the Joint Venture
and payments with respect to the EPC contract would be deposited in the Joint Venture
account.
5. Mr. H Gupta
concluded that both supply and service
contracts are single contract of composite
Works Contract. Therefore, the contention of
the Department is completely baseless and
absolutely ... Ground: Misclassification of Contracts Works
Contract" "Composite Turnkey
(iv) The OIO correctly held that the contracts for
supply and service were inseparable parts
