B.N.KIRPAL
GULATI CONSTRUCTION COMPANY – Appellant
Versus
BETWA RIVER BD – Respondent
( 1 ) AN agreement dt. 20. 7. 79 was entered into between the parties for the construction of Left Main Earth Dam, Rajghat Project.
( 2 ) THE Work was awarded by respondent 1. The said respondent is a Board which has been set up under Central Act. It is an admitted case of the parties that the office of the Board is located at Jhansi (M. P.) though a liaison office is stated to. be at New Delhi also. The Board was set up for carrying out work of constructing Rajghat Dam in district Lalitpur in the State of U. P.
( 3 ) THE petitioner is a Company having its head office at Jhansi. The Contract was awarded to the petitioner on a tender enquiry having been floated by respondent from Jhansi. The tender was submitted by the petitioner at Jhansi and it was at that place that the tender was accepted. It is clear that the contract was concluded at Jhansi, the place where the acceptance of tender took place.
( 4 ) IT is further admitted between the parties that the actual contract was executed in the office of Superintending Engineer, Rajghat Dam Construction Circle-II District Lalitpur (U. P. ). The work was, however, carried out in the territory of Chanderi, District Guna
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