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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Steel Authority of India – Appellant
Versus
Amit Mines Private Limited – Respondent
JUDGMENT :
T.S. SIVAGNANAM, J.
1. This intra-Court appeal is preferred by the Steel Authority of India Limited and others, who were the respondents in W.P.A. 18564 of 2023 being aggrieved by the order and direction dated 12th October, 2023. issued in the writ petition.
2. We have elaborately heard Mr. Sarathi Dasgupta, learned advocate appearing for the appellants and Mr. Kishore Datta, learned senior advocate appearing for the respondent/writ petitioner. Though the facts are shown to be very complicated, the dispute lies in a very narrow campus.
3. The respondent/writ petitioner was awarded a contract by the Steel Authority of India Limited (SAIL). By a letter dated 1st June, 2023, the writ petitioner sought for a completion certificate. This completion certificate has been sought for in terms of clause 9.8 of the General Conditions of Contract entered into between the appellants and the respondent/writ petitioner. For better appreciation, clause 9.8 is quoted below:
9.8 As soon as in the opinion of the Engineer the Works shall have been virtually completed, the Engineer shall on receiving a written undertaking by the Contractor to finish any outstanding
The competent authority's certification should adhere to the requirements of the contract clause, and additional information in a certificate should be considered superfluous. Observations in a perfo....
The authority's permission to construct 14 units should have led to the issuance of a completion certificate, and the authority's refusal was contrary to the statutory provisions.
A contractor's maintenance obligations should correspond with completion dates of respective project phases, penalizing the contractor for delays caused by the client is unwarranted.
A contract termination must adhere to principles of natural justice, including the right to a personal hearing, and disputes regarding breaches must be adjudicated by an independent forum rather than....
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