procurement numbers were false, and, accordingly, asked the
petitioner company to submit its explanation regarding the
apparent illegality in procurement of bitumen and further ... same was procured from Mathura Refinery of the Indian Oil
Company Limited, and out of 31 procurement numbers, only 10
procurement numbers were found
said
conspiracy, the petitioner-company submitted false/bogus invoices showing
a procurement of bitumen for the execution of contractual works awarded
to them, which caused ... Parwa-Garhwa Road. The petitioner
has submitted 26 forged invoices of procurement of bitumen. In connivance
with other authorities, the petitioner has obtained the money
also
drew our attention to the reimbursement of the bill for Bitumen made by
the appellant vide letter dated 8th October, 2013.
A contractual term ... towards the cost incurred
by the appellant to procure Bitumen could not constitute an act
altogether waiving the entire contractual bar on the contractor
Executive Engineer to re-examine the bills.
4. The petitioner had procured all the materials
required for the work from his own sources. The
respondents ... petitioner by
the Department. Though the petitioner had himself procured
Bitumen and emulsion with his own funds, the said amount
was seen erroneously deducted from
case is that file noting on the
basis of which the procurement of bitumen was
made was not exhibited in original and in fact ... dispute that the appellant
had initiated the file for procurement of bitumen.
He also submits that there was neither any
remaining budgetary allocation nor there
Executive Engineer (A5), he had admitted
non-delivery of bitumen at the Division Store and non-delivery of
invoices containing the acknowledgment of the Assistant ... that Accused No.6 had no role in the procurement of bitumen.
This contention is belied by the letter dated 22.10.2003 which
was sent
Shell India Markets (P) Ltd. for
procurement of Emulsion, however the same was ultimately supplied in
the month of October 2012 as the same ... Executive Engineer
N.H. Division Dhanbad. After procuring the bitumen in the month of
October 2012, this petitioner completed the entire repairing work
increase of almost
100% due to increase in the prices of Bitumen.
IOC(R&D) was insisting on royalty rate ... dated
08/07/2005 was that the petitioner was to procure 100% bitumen
from the claimant/respondent only.
7. Para 9 of impugned arbitral award
construction of the road, as also due to
fact that the bitumen was required to be purchased from the Government
company for which permit ... there was
any such condition in the contract that the bitumen had to be procured from
the Government company only and that too, upon issuance
include the provision of
bitumen at 5.0 per cent, by weight of total mixture. The
variance in actual percentage of bitumen used will be
assessed ... Clause 509.9 of the
Technical Specifications), the variance in actual percentage of bitumen
used was required to be assessed and the payment was required
