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SANJEEV SACHDEVA
Jai Durga Enterprises – Appellant
Versus
UOI – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Learned counsel for respondent submits that reply to CM Application No.13915/2021 has been filed vide diary No. E-380690/2021 on 22.05.2021. However, the same is not on record, but a copy has been furnished on the e-mail of the Court Master. The same is taken on record. The Registry is also directed to place the reply on record.
3. Learned counsel submits that the reply along with its documents be read in addition to the short reply to the writ petition filed by the respondents.
4. Petitioner impugns termination letter dated 18.08.2020, whereby the contract awarded to the petitioner has been rescinded on the ground that he has failed to submit the requisite performance guarantee even after 60 days from the issue of Letter of Award (LOA) i.e. 03.01.2020 and further, every member/partner as an individual or as a partnership firm/joint venture has been debarred from participating in the re-tendering process and the earnest money deposit forfeited.
5. Learned counsel for the petitioner submits that the termination is bad in law inasmuch as the performance guarantee was submitted on the 60th day and not
The main legal point established in the judgment is the application of the General Clauses Act, 1897, Section 9, in excluding the day of the date when calculating the period for performing an act fro....
The performance guarantee must be calculated by excluding the starting date from the timeline, validating the contract and reversing its termination.
The main legal point established in the judgment is that the conclusion of a contract can occur upon the award of work, and non-compliance with tender and contract terms can justify contract terminat....
Time limits in contracts must exclude the first day when calculating execution periods, following relevant legislative guidelines.
Point of Law :Railways has rightly exercised its power under the terms of the contract, in terms of the tender clauses as well as in terms of the letter of acceptance which is treated as legal and en....
The rejection of a tender bid due to non-compliance with stipulated document submission requirements upholds lawful administrative discretion.
Arbitration Award - Merely because the arbitrator has taken a view that is plausible and there may be another view also, the award cannot be interfered with.
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