Ashim Kumar Banerjee, J.

BACKDROP:

Haldia Dock Complex entrusted ABG Haldia Bulk Terminals Pvt. Ltd. (hereinafter referred to as ‘HBTPL) to install, maintain and operate loading-unloading system at berth Nos. 2 and 8. Disputes and differences arose as to the quantum of work that HBTPL was assured, but not given. HBTPL complained, they were assured a minimum amount of work that they were not getting. When Haldia Dock Complex run by Board of Trustees for the Port of Kolkata (hereinafter referred to as ‘KOPT’) assured co-operation after a joint meeting, other operators created problem for them by instigating the workers making a situation totally unmanageable for HBTPL. They were compelled to terminate the contract more particularly complaining of the law and order problem. KOPT disputed such contention. According to them, they extended all co-operation to make the situation congenial for HBTPL to perform their job. They also assured to allot more work to berth Nos. 2 and 8. The law and order problem that would arise outside the Dock complex, was not within their control that HBTPL should have taken up with the local administration. They blamed HBTPL for wrongfully terminati