aforesaid contracts were with Hindustan Steelworks Construction Co. Ltd. (in short, "HSCL"). These related to the construction of steel plant complex at Bokaro ... respect of these contracts, disputes arose between the assessed and HSCL in the matter of settlement of claims for payment claimed
this case the work contract was awarded by HSCL to the respondent contractor. Bank gave a number of guarantees in favor of HSCL ... towards mobilisation of advance, security deposit, securing the working funds provided by HSCL to the respondent and due performance of the contract. By these bank
appellant/Hindustan Steelworks Constructions Limited (in short,
'the appellant/HSCL'), a Public Sector Company, has filed the present
appeal under Section ... District Bhagalpur, Bihar were
awarded by the respondent/NTPC to the appellant/HSCL under two
separate Letters of Award, one dated 31.7.2003 and the other
respondent No.2 / M/s Hindustan Steel Works Construction
Ltd. (hereinafter, ‗HSCL') for help and collaboration in order to enable
the respondent ... HSCL to successfully bid for a tender floated by
National Thermal Power Corporation Ltd. (hereinafter, ‗NTPC') for civil
and structural works in Kahalgaon, Bihar
Hindustan Steel Works Construction Ltd. (hereinafter in short
referred to as „HSCL‟) towards deviation in quantities. Thus the core issue before us is
whether ... account of revised rates for deviations under a separate contract with HSCL was
perverse. As noticed above, the other ancillary issue which would arise
received payment from the owner/ principal employer. In the said case,
HSCL (the subcontractor), inter-alia aggrieved by the non-payment of dues
by NPCC ... back-to-back clauses
of the MoU and contract with HSCL, contended that NPCC's agreement
with COCNCOR (the owner) had been terminated, resulting
awarded by National Hydroelectric Power Corporation (NHPC) to Hindustan Steelworks Construction Ltd. (HSCL) broadly for the excavation of earth which portion had been sub-contracted ... HSCL to the respondent. Rates had been agreed to for this work which was Rs. 14 + 10 per cent per cubic meter. In other words
these grounds the High Court rejected the contention raised
on behalf of HSCL that it was the sole judge to decide as to
whether ... amount can be said to be payable
by the contractor to HSCL by way of damages and,
therefore, it will be just and proper
awarded by National Hydroelectric Power Corporation (NHPC) to Hindustan Steelworks Construction Ltd. (HSCL) broadly for the excavation of earth which portion had been sub-contracted ... HSCL to the Respondent. Rates had been agreed to for this Work which was Rs. 14/- + 10 per cent per cubic meter. In other words
terms and conditions governing the work shall
be as per HSCL's LOA No.CS-4030-323-9-CS-LOA-4230
dated 31st July