SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Del) 1364

YOGESH KHANNA
CCC Builders Merchant Private Limited – Appellant
Versus
Container Corporation of India Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Manmeet Arora, Ms. Samapiha Biswal, Mr. Keshav Sehgal
For the Respondent: Mr. D.D. Singh, Ms. Seeratdeep Singh

JUDGMENT :

Yogesh Khanna, J.

1. The brief facts as alleged by the petitioner are:

a. The respondent awarded the LOI dated 09.09.2009 in favour of the petitioner for civil works of "strengthening of existing pavement with M-50 Grade CC Block Pavement at ICD, Balasore, (Orissa)";

b. the petitioner company submitted performance bank guarantees dated 15.09.2009 for a sum of Rs. 11,07,398/- and 08.10.2009 for a sum of Rs. 2,56,000/- respectively, issued by Axis Bank Limited, amounting to 5% of the contract value, equivalent to a total sum of Rs.13,63,398/-;

c. on 30.10.2009 the petitioner and the respondent executed the Contract;

d. the petitioner completed and handed over the project to the Respondent, within the extended period of the Contract, i.e. on 08.11.2010;

e. the petitioner, raised the 3rd and final bill dated 03.02.2011 amounting to Rs.1,25,00,000/-;

f. on 09.02.2011 the 3rd and final bill was forwarded to the respondent by M/s RITES Limited, the project management consultant of the respondent company;

g. on 10.09.2012 the respondent illegally rescinded the Contract on false and baseless grounds and threatened to forfeit the security deposit and encash the performance bank guarantees












































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top