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2016 Supreme(Del) 648

MANMOHAN
SHAMBHAVI CONTRACTORS PRIVATE LIMITED – Appellant
Versus
NATIONAL BUILDINGS CONTRUCTION CORPORATION LIMITED – Respondent


Advocates:
Advocate Appeared:
Mr. Vishal K. Panwar, Advocate.

JUDGMENT :

MANMOHAN, J.

1. Present writ petition has been filed seeking quashing of termination of the contract dated 4th May, 2012, whereby the contract of the petitioner for rehabilitation, restrengthening, remodelling retrofitting, renovation and interior decoration of existing building of Allahabad Bank Building situated at A-17, Parliament Streets, New Delhi-110001 was terminated on the ground of delay in completion of work.

2. In the petition, it has been averred that delay in completion of work was attributable to the respondent as the site was not made available to the petitioner within time and also payments were not released in a timely manner.

3. This Court has perused the writ petition and finds that it entails serious disputed question of facts.

4. Court is also of the view that the present writ petition is barred by delay and laches as the termination of the contract took place more than three years back.

5. In State of Madhya Pradesh and Another vs. Bhailal Bhai and Another, AIR 1964 SC 1006, the Supreme Court has held as under:-

“Learned Counsel is right in his submission that the provisions of the Limitation act do not as such apply to the granting of relief under Ar





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