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2012 Supreme(Pat) 753

S.S.HUSSAINI
Rama Kant Singh – Appellant
Versus
National Hydraulic Power Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Alamdar Hussain, Advocate.
For the Respondents:Mr. Rajeshwar Prasad, Advocate.

ORDER


This writ petition was filed by the petitioner for the following reliefs:-

(i) For quashing of the part of the decision of the Standing Empowered Committee dated 25.11.2010 so far as the Standing Empowered Committee concluded (a) termination of the contract by the respondents due to fundamental breach by the petitioner as per the provisions of the contract for package no.BR-3613, (b) contractor?s claim on account of material at site, loss of profit, hire charges for machine and equipments, advance to supplier, site expenses, litigation expenses, prospective loss of profit and interest are not admissible.


(ii) For appropriate declarations that (a) the rescinding of the agreement on the basis of admitted fact is on account of employer’s convenience and not on account of fundamental breach of the contractor, (b) in the absence of finalization of rate, final determination of payable amount including variation in quantity, extra item, the action of rescinding and consequential decision of forfeiture of security and bank guarantee is wholly without jurisdiction.

(iii) For a direction to the respondents to release the security deposit, bank guarantee forthwith and further direction to











































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