security amount are
two different words. The word 'withholding and lien' and
the word 'forfeiture' are also two different words ... payable by the defendant to the
plaintiff on the amount of withholding/lien. The issue is
accordingly decided in favour of the plaintiff.
REGARDING ISSUE
completion in respect of the works. Clause 52 deals with withholding and lien in respect of sums claimed. As we are concerned with the interpretation ... such withholding or retentions. Therefore, Clause 52 deals with the power of the Railways to retain the amount by way of withholding and lien. Though
right in applying
Clauses 2401 and 2403 which deal with withholding and lien, the correct
provision that would be applicable is Clauses ... submit that it is Clauses 2401 and 2403 which deal with
withholding and lien in respect of sums claim.
Clauses 503 and 504 read
taken from the
Contractor, the Purchaser shall be entitled to withhold and have
lien to retain to the extent of the such claimed amount ... cover the claim of the
railways, it is entitled to withhold and have lien to the
extent of the amount claimed from any sum payable
time of the dispute.
(viii) Clause 27 provided for Withholding and Lien in respect of sums claimed. The clause provided that whenever any claim ... arises against DIK, ONGC "shall be entitled to withhold and also have a lien to retain such sum or sums in whole
against the contractor, the purchaser shall be entitled to withhold and also have a lien to retain such sum or sums in whole ... taken from the contractor, the purchaser shall be entitled to withhold and have lien to retain to the extent of such claimed amount or amounts
former case appears not to have been reported :
"18. WITHHOLDING AND LIEN IN RESPECT OF SUMS CLAIMED
Whenever any claim or claims for payment ... taken from the contractor, the purchaser shall be entitled to withhold and have a lien to retain to the extent of the such claimed amount
Contractor, the Railway shall be entitled to 'withhold and also have a lien to retain such sum-or sums in whole or in part ... taken from the contravtor, the Railway shall be entitled to withhold and have a lien to retain to the extent of the such claimed amount
which are reproduced below :
"52. Withholding And Lien In Respect Of Sums
Claimed : Whenever any claim or claims for payment ... taken from the
Contractor, the Railway shall be entitled to withhold and
have lien to retain to the extent of the such claimed
amount
shall be entitled to withhold and also have a lien to
retain such sum or sums in whole or in part from the
security ... shall be entitled to withhold and have a lien to retain to
the extent of such claimed amount or amounts referred
to above, from
