Contract for time
extension and such time extensions actually having been
granted, time is not the essence of the Contract in this
case in view ... essence of
the Contract, terminated the Contract vide its letter dated
11.11.2013 under Clause 63.1 of the Contract on account
of slow progress
rendered a contrary opinion accepting the NTPC's claim that the
contract between the parties stood frustrated. He further concluded that
the claim made ... void by
virtue of Section 56 of the Indian Contract Act, 1872 (hereafter 'the
Contract Act '). It is contended that in the circumstances
denied that by the letter dated 06.09.2007, the Ministry of
Environment and Forests (MOEF) had informed the petitioner that it will
not consider the portion ... only floated the request for proposal but
also proceeded to award the contract in favour of the respondent. It was
only in the Meeting held
being the outcome of the claim of price variation and
prolongation of contract. Besides it is also not admissible
under clause 23 of sec, which ... respondent on account of increase in royalty,
sales tax and in the forest transit fee stated to have been imposed by
subsequent legislation
petition.
11. It is not in dispute that the subject contract was terminated by the
respondent on 07.07.2017; an aspect that is also adverted ... arbitration agreement which stands incorporated in Clause 16.1 of the
subject contract.
15. The respondent, I am told, in terms of the said arbitration agreement
State vs Khimji Bhai Jadeja on 8 July, 2019
Equivalent citations: AIRONLINE 2019 DEL 1089
beneficiaries
was unsustainable. Further, in the case of H.P. State Forest
Corporation vs. RPFC, delivered on 03.04.2008 in CA
No.5717/2001 with ... produced any records as to the workers deployed on its
establishment through contracts. In this regard, it is noted
that burden to identify the employees
Motilal Oswal Securities Ltd. vs Rakshak Kapoor & Anr. on 26 November, 2019
Author: Navin
M/S Standard Metalloys Pvt. Ltd. vs Union Of India And Ors. on 6 February
Satish Kumar vs Khushboo Singh & Ors. on 14 October, 2019
Equivalent citations: AIRONLINE 2019
