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1984 Supreme(Cal) 337

A.K.SEN, SUDHIR RANJAN ROY
JECT CONSTRUCTION CO LTD – Appellant
Versus
G. RANJAN – Respondent


Advocates Appeared:
A.C.BHABRA, AHIN CHOUDHURY, Amaresh Chakraborty, MANOTOSH MUKHARJI, S.K.MISHRA, SATYAJIT BANERJI

A. K. SEN, SUDHIR RANJAN ROY, JJ.

( 1 ) THE above revisional applications arise out of three different orders of injunction issued at the instance of the opposite parties, restraining the petitioner Corporation from enforcing the Bank guarantees executed in its favour. They involve identical questions of fact and law. This common judgment will, therefore, dispose of all the three cases. It will be sufficient if we refer to the materials facts of C. O. No. 1817 of 1984 only.

( 2 ) THE defendant-petitioner, the National Projects Construction Corporation Ltd. which is a Government Company within the meaning of Companies Act, 1956 entered into a contract with Coal India Ltd. for setting up a Housing Complex at Dankuni, Hooghly. On or about 23rd February, 1982, the petitioner-Corporation invited tender for construction of different buildings at Dankuni Coal Complex and after negotiations an offer was made by the plaintiff-opposite party, M/s. G. Ranjan, a firm, by their letter dated 22. 4. 82. A bilateral agreement was executed thereafter by and between the petitioner and the opposite party wherein it was provided interalia that a mobilisation advance to the extent of 5% of the value o










































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