( 1 ) LEGALITY of the termination of the contract entered into by the bangalore Development Authority ('bda' for short) with the Uttar pradesh State Bridge Construction Corporation Limited ('appellant-Corporation' for short), which has been upheld by the learned single Judge, is the subject-matter of these two appeals and as the issues involved are in principle identical, the two appeals are being disposed of by this common judgment.

( 2 ) THE facts that are material for our purpose are as under: the BDA, which is the first respondent herein, has taken up infrastructure developmental work in Bangalore City and as a part of it, by its notice inviting tender dated 4-11-2002 invited tenders on turnkey basis for construction of Grade Separators/flyovers at various places viz. : 1. The intersection of Airport Road and intermediate ring road junction; 2. Bangalore Dairy Circle; and

( 3 ) JAYADEVA Institute of Cardiology Circle. The appellant-construction Corporation, a public undertaking wholly owned by the Government of Uttar Pradesh and incorporated under the provisions of the Indian Companies Act, 1956, was set up in the year 1973 and since then, it has been known fo