respondent
(hereinafter 'HCC') submitted its bid for executing the Project on
15.12.2004. HCC's bid was accepted by NHAI and a contract ... contractor (HCC) to claim additional costs and,
HCC was liable to prove that the delay in execution of works was
attributable to NHAI
predicated on advice received by NHAI
from ISAC advising the NHAI that it had several outstanding claims
from the HCC for a total amount ... NHAI. If NHAI was making a deposit under the settlement, instead
of so depositing it in court, NHAI would have informed HCC that the
offer
relied upon a judgment of this Court in the case of
NHAI v. HCC, FAO (OS) No. 48/2012, decided on 08.11.2012, wherein ... Centrodorstroy vs.
NHAI, in FAO (OS) 508/2013, and a Coordinate Bench of this Court in
NHAI vs. HCC, in OMP (COMM) 73/2016
NHAI making the payment.
The dissenting note of one member held that NHAI did not have to pay
any sum to HCC as regards this ... costs of Rs. 25,000/- each which will be paid by NHAI to HCC within
a period of four weeks from today.
S. MURALIDHAR
NHAI v. HCC
(2016:DHC:1544: DB), National Highways Authority of India v.
CEC-HCC Joint Venture , 2017 SCC OnLine Del 9177,NHAI v.
Hindustan ... damages based on CA certificates in similar contractual contexts,
including NHAI v. HCC (2016:DHC:1544:DB), upheld in CA
Digitally Signed
By:MAYANK
Signing
State of Orissa
(Contract Package-OR-PARADIP) was awarded by NHAI to HCC.
3. It is not in dispute that the work could ... HCC was exposed to losses and injuries.
Since HCC was tied down at the project site due to the delays and defaults
of NHAI
India v. Hindustan
Construction Company [(2013) 196 DLT 498] [hereinafter "NHAI v.
HCC"].
5. Assailing the Tribunal's finding, the petitioner approached ... Construction Company's ["HCC"]
challenge to the judgment of the Division Bench in HCC v. NHAI
[supra]. The petitioner also preferred
except Ganga
Bridge, was executed between NHAI and HCC. The contract was based on
FIDIC Conditions of Contract as modified by The Conditions of Particular ... NHAI and on the maintainability of the claims 1 to 6 for
dispute 8 and 8A, NHAI would be liable to recompense HCC the additional
charge-sheet allege commission of offences against officials
of NHAI, L & T-HCC (JV) and RITES-HALCROW (JV). In that
view of the matter ... investigating
any misappropriation of public money by the officials of NHAI,
L & T-HCC (JV) and RITES-HALCROW (JV) in the matter of
carrying
that HCC had lost. Another
aspect is whether the equipment/resources were hired or owned by HCC.
Clearly, if the resources blocked by HCC ... Arbitral Tribunal for
awarding the aforesaid sum. According to NHAI, HCC‟s claim with
regard to machinery physically available at site was exaggerated
