Krishna Rao vs Turnkey Constructions (P.) Ltd. on 17 April, 2004
Equivalent citations: I(2006)BC58, [2005]125COMPCAS109(KAR), 2004(7)KARLJ269, [2004]54SCL278
2012 Page 2 of 59
requiring the appellant to execute, on a turnkey basis, a Gas Turbine Power
Plant: 4XFr9E at Kurdistan, Iraq.
4. Being ... turnkey contract, the appellant had to design the power
project, supply the equipment, after testing, install the same and thereafter
commission the plant and operate
agreed that the First
Respondent would perform its contractual obligations on a turnkey basis viz.
as a composite one. This principle was also made applicable ... together. BSES shall have the right to treat the contracts jointly
as turnkey contract and money can be recovered by BSES
including but not limited
Page 9 of 16
turnkey basis. There was no question of any escalation. In fact, DJB paid
NBCC the actual cost +10% through vouchers. Clause ... apply
to turnkey projects. The price agreed was firm at Rs.1440 lakhs and nothing
more was payable.
11. This Court has perused the impugned
various
sale deeds passed in favour of AWHO independent
of the turnkey project and failure of the
turnkey project did not have any bearing
inclusive of all taxes and duties. It was a lump sum turnkey contract for laying
of Dockpipe lines along with allied mechanical, civil and electrical ... 29th November, 2000 that the said contract
was a "lump sum turnkey contract" for a price
case of the respondent that the contract is a
turnkey contract and it was so understood between the parties
and acted upon as a turnkey ... also contended by the learned
Advocate General that the contract was turnkey contract and the
Respondent is not entitled to extra payment beyond the contract
Rule 28-A of the KTTP
Rules since in the case of turnkey contract the two
stage tender system should be adopted instead ... doubt would provide for
two stage tender system in the case of turnkey contracts
involving the nature of work that is indicated therein.
The tender
assailed the Award on the ground that the
contract was awarded on turnkey basis in relation to a specific quantity of
DPs and pillars ... pillars. He also pointed out that the relevant contract is on
turnkey basis and not on item rate basis. Learned counsel for the respondent
submitted
both quality and quantity wise. While the
contract is termed as a Turnkey contract, at least in the
footwall the work cannot, by any stretch ... imagination, be
considered as Turnkey, as the operation in that area is
totally controlled by the Principal employer.
In fact, it was beyond our imagination