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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice N. Anand Venkatesh, J
M/s.State Industries Promotion Corporation Of Tamil Nadu Ltd. – Appellant
Versus
M/s.RPP Infra Projects Limited (Formerly Known As RPP Construction (P) Ltd.) – Respondent
| Table of Content |
|---|
| 1. essence of contract's completion timeline. (Para 1 , 2 , 3 , 4) |
| 2. disputes arising from construction delays. (Para 5 , 6) |
| 3. claims and defenses in contract disputes. (Para 7 , 8 , 11 , 12) |
| 4. arbitrator's findings on hindrances and contractor's duties. (Para 18 , 19 , 21) |
| 5. differentiation between loss of profit and loss of profitability. (Para 24 , 25 , 26) |
| 6. permissibility of compensating for profits lost due to wrongful termination. (Para 28 , 29 , 30) |
| 7. restatement of arbitrator's findings and judicial principles. (Para 31 , 32 , 33 , 34 , 36) |
| 8. final dismissal of the petition with costs. (Para 37) |
ORDER
The petitioner accepted a tender for the work of providing concrete retaining wall for the sides of the existing open drain at SIPCOT Information Technology Park at Siruseri, tendered by the respondent vide letter dated 20.01.2010. The Agreement was executed between the parties on 09.03.2010.
2.The date of commencement of the work as per Clause 4(a) of the conditions of Agreement will be the date on which the site or premises is handed over to the contractor or fifteen days from the date of work order whichever is earlier. The date of commencement of work was fix
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