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KRISHNA RAO
Dredging and Desiltation Company Private Limited – Appellant
Versus
Mackintosh Burn & Northern Express Consortium – Respondent
JUDGMENT :
Krishna Rao, J.
1. Plaintiff has filed the instant application under Order XIIIA of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015 praying for summary Judgment for a sum of Rs. 1,93,12,425/- as admitted by the defendant no. 1 in its letter dated 16th August, 2017.
2. In the month of November 2017, in view of ensuing Ganga Sagar Mela, 2017 and improve the navigability of certain channels in River Muriganga for a smooth movement of cargo and passenger vessels for transportation of cargo, bikers and pilgrims, Inland Waterways Authority of India, on behalf of the government of West Bengal, the proforma defendant no. 5 invited online tender having experience of using cutter suction dredgers in two cover systems. The plaintiff and one M/s. RDL IDS PL JV were the only contractors who have submitted tender in respect of the tender Notice. None of the said two tenders were accepted and the tender notice was not materialized.
3. By a letter dated 7th December, 2016, the Inland Water Authority of India issued a letter to the defendant No. 2 requeste
A fully performed contract discharges all obligations, barring further claims unless legally warranted, as affirmed by prior judicial decisions and Supreme Court principles.
The lack of privity of contract and failure to establish a cause of action were central to the court's decision.
An Adjudicating Authority, under Section 60(5) of the IBC, cannot issue a mandatory direction to a Liquidator to adjudicate or process disputed contractual claims or bills from a subcontractor, as su....
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