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2018 Supreme(Del) 757

YOGESH KHANNA
N. J. Construction (Through its Proprietor) – Appellant
Versus
Ayursundra Health Care Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Darpan Wadhwa, Mr. Anshum Jain, Mr. Amol Sinha, Mr. Naveen Kumar.
For the Respondent: Mr. Manish Goswami.

JUDGMENT :

YOGESH KHANNA, J.

1. The respondent no. 1 floated a notice inviting Tender inter-alia for the civil and electrical work of Super Specialty Hospital, wherein several bids were invited. The hospital was to be constructed at Guwahati. The petitioner also participated and was awarded the said work order on 22.06.2013 at the mutually agreed amount of Rs 33,38,76,000/-. The LOI was issued by respondent no. 1 for the said work.

2. On 05.07.2013, an Article of Agreement was entered into containing the special conditions of the Contract, Specifications and Schedules of quantities with the rates entered therein forming part of the agreement/LOI. It is alleged by the petitioner the respondent did not pay the complete advance mobilization money despite request even after five months from the date of the execution of the agreement. The petitioner kept on doing the work and sending the bills but on 11.11.2014 the respondent terminated the major civil contract and entire electrical contract and directed to complete the remaining work in accordance with the schedule sent through the e-mail. There was some dispute for payment of Rs. 35,00,000/- to be paid to the petitioner and a meeting on

















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