Clause 10.3.2 of the
Contract Agreement, Cure Notice under Clause 23.1.1, notice indicating intention to Terminate the
Contract dated 16.07.2018 under Clause 23.1.2 prior ... While not
disputing the issuance of Cure Notice and Notice for Intention to Terminate the Contract, it was
Page No.# 18/27
stated that
sought to terminate the contract by terming the petitioner's termination of
the contract as invalid. It was mentioned in the notice that respondent ... performance security to the contractor. Since, the
petitioner had terminated the contract by a notice dated 15.07.2019, the
security ought to have been returned
said contract
and on this ground also the contract deserved to be terminated by
ONGC. It is contended that non-performance of the contract ... ONGC has already taken a
position that the contract should be terminated, and the cure notice was
merely an empty formality, as also
provisions of the contract, it
was open for the respondent Corporation to terminate the contract,
termination notice dated 1St April, 2019 was issued ... General
Conditions of Contract, the operator (ONGC) shall have the right
to terminate this contract by giving 30 days' advance notice to the
contractor
said contract
and on this ground also the contract deserved to be terminated by
ONGC. It is contended that non-performance of the contract ... ONGC has already taken a
position that the contract should be terminated, and the cure notice was
merely an empty formality, as also
effect of terminating the Contract.
40. It held that the termination of the Contract effected by the said
notice was required to be construed ... contractual notice which would have the
effect of terminating the Contracts. The letter enumerates
the three Contracts and references the directions from the
Ministry
said contract
and on this ground also the contract deserved to be terminated by
ONGC. It is contended that non-performance of the contract ... ONGC has already taken a
position that the contract should be terminated, and the cure notice was
merely an empty formality, as also
clause 21.2 of the contract which empowers the
petitioner to terminate the contract by serving 60 days notice. The
petitioner requested the respondents to terminate ... since the petitioner had already terminated the
contract by exercising rights under Clause 21.2 of the Contract, which
notice was duly received by the respondents
notice. For such termination of contract on
reasons would need be communicated. Once the notice
has been given the contract will automatically stand
terminated ... notice period and for such
termination of contract, no reasons need be
commenced. Once the notice has been given the
contract will standing terminated
doubt or ambiguity. Either party had option to terminate
the contract by giving thirty days notice in writing. Sub-clause (II)
on the other hand ... simple words thus states that either party could
terminate the contract by giving thirty days notice in writing to the
other. In a way, both
