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2022 Supreme(Cal) 704

SHEKHAR B. SARAF
Prakash Roadlines Corporation Limited – Appellant
Versus
NTPC Limited – Respondent


Advocates appeared:
Mr. Dhruba Ghosh, Senior Advocate Mr. Sourav Mukherjee, Advocate Ms. Anjana Banerjee, Advocate Mr. Rohit Das, Advocate, for the Appellant; Mr. Probal Kumar Mukherjee, Senior Advocate Mr. Uttam Kumar Mandal, Advocate Ms. Maitree Roy, Advocate, for the Respondent

JUDGMENT

Shekhar B. Saraf, J. - Supplementary affidavit filed be taken on record.

2. The present Section 9 application has arisen from a termination effected by the respondent against the petitioner in a contract for loading, unloading and transportation of coal in a contract entered between the parties. It appears from the contract that the contract commenced on 27th April, 2022 and the petitioner was required to commence work within 15 days from that date. The petitioner commenced work on 10th May, 2022 which is within the 15 days, according to the petitioner. The documents in the petition indicate that work was carried out on 10th, 11th and 12th May, 2022. However, in between on May 11, 2022, due to certain disruptions caused by anti-social elements, the work was stopped for a period of time and the petitioner filed an FIR against certain hoodlums and informed the respondent of the said incident. The respondent authorities issued a letter on 12th May, 2022 wherein the respondent noted that the work had not been started by the petitioner within 15 days and directed the petitioner to commence work within 24 hours. The letter further stated that in the event the petitioner did not co

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