Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Paharpur Cooling Towers Ltd – Appellant
Versus
Ramagundam Fertilizers And Chemicals Ltd – Respondent
JUDGMENT :
SACHIN DATTA, J.
1. The present petition has been filed by the petitioner being aggrieved by the encashment/forfeiture of the Bank Guarantee towards the Earnest Money Deposit (hereinafter referred as “EMD-BG”) amounting to Rs. 47,50,000/- by the respondent no.1/Ramagundam Fertilizers and Chemicals Ltd. The said EMD-BG was furnished on 16.12.2015 (with a validity up to 27.12.2016) by the petitioner while participating in a tender dated 09.11.2015 floated by the respondent no.2/Engineers India Ltd (EIL) for the work of “cooling tower and CWTP packages for revival of Ramagundam Fertilizers and Chemicals project”.
2. The petitioner is a company engaged in the business of manufacturing and supplying of cooling equipments including cooling towers. Respondent no.1 is a Joint Venture (JV) company of EIL/respondent no.2 (an engineering consultancy and EPC company under the ownership of the Ministry of Petroleum and Natural Gas, Government of India), National Fertilizer Ltd (NFL) and Fertilizer Corporation of India Ltd (FCIL) formed for setting up gas-based Urea manufacturing plant at Ramagundam, Telangana. Respondent no.2/EIL was awarded the detailed engineering and project manageme
The court established that retention of a forfeited bank guarantee is unjustified when the basis for forfeiture is invalidated by subsequent findings, underlining the jurisdiction of courts in contra....
Presence of an arbitration clause would oust jurisdiction under Article 226.
The main legal point established is that in contractual matters, the court may intervene to prevent arbitrariness or favoritism by the government bodies, especially if the actions violate the equalit....
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
A writ of mandamus can be issued in contractual disputes involving public sector banks if their actions violate principles of public law or public interest.
A State entity must act in accordance with principles of fairness and justice in contractual obligations, and cannot withhold payments without a clear determination of dues, as this constitutes arbit....
Termination of a contract without issuing a show-cause notice violates the principles of natural justice. Force majeure claims must be decided before taking any action based on non-compliance with th....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
