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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. SENTHILKUMAR RAMAMOORTHY, J
M/s.Simplex Infrastructure Limited – Appellant
Versus
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) – Respondent
| Table of Content |
|---|
| 1. contracts awarded for various construction works. (Para 1 , 2) |
| 2. claims and counterclaims arising from contracts. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments regarding specific project delays. (Para 9 , 10 , 12 , 13) |
| 4. further contentions regarding delays in contract execution. (Para 14 , 15 , 16) |
| 5. overview of arguments presented by counsel. (Para 17 , 18) |
| 6. discussion on issues of delay and counterclaims. (Para 19 , 20 , 21) |
| 7. findings on claims and counterclaims. (Para 22 , 23 , 24 , 25) |
| 8. rejection of counterclaims based on lack of proof. (Para 26 , 27 , 28) |
| 9. claims for escalation and damages analyzed. (Para 29 , 30 , 31) |
| 10. final determination regarding monetary claims. (Para 32 , 33 , 34) |
| 11. conclusions about return of guarantees and completion certificates. (Para 35 , 36) |
| 12. determination of costs and final order. (Para 37 , 38 , 39) |
| 13. overall judgement summation and order. (Para 40) |
JUDGMENT
Background
Simplex Concrete Piles (India) Limited, the plaintiff, was awarded three contracts by the Tamil Nadu Electricity Board, the defendant. Both these entities underwent a name change later. The former was renamed as Simplex Infrastructure Limited and the latter as the
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