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2016 Supreme(Del) 1382

PRADEEP NANDRAJOG, MUKTA GUPTA
PRAKASH ATLANTA (JV) – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent


Advocates Appeared:
Mr. Kirti Uppal, Mr.Chirag M.Shroff and Ms.Sahiba Pantel, Mr.Ulhas M Bhole
Mr. Sukumar Pattjoshi, Mr. Vikas Goel and Mr.Abhishek Kumar Mr. P.Siva Sarkar

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. The jural relationship between National Highway Authority of India (NHAI) and Prakash-Atlanta JV (Prakash) was forged as per agreement dated August 10, 2001. The undernoted documents were to be read and constructed as part of the agreement:-

i) Letter of Acceptance;

ii) Notice to Proceed with the Works;

iii) Contractor’s Bid;

iv) Contract Data (Volume I)

v) Conditions of Contract (including Special Conditions of Contract ) (Volume I);

vi) Technical Specifications (Volume II);

vii) Bill Of Quantities (Volume III)

viii) Drawings (Volume IV);

ix) Documents furnished by the Bidder in Volume V of the Bid Document;

x) Addendum to Bid Document; and

xi) Any other document listed in the Contract Data as forming part of the Contract.

2. It is an item rate contract with Bill of Quantities specified. For the listed quantities, the amount payable by NHAI to Prakash is Rs.158,80,42,413/- (Rupees One Hundred Fifty Eight Crores Eighty Lacs Forty Two Thousand Four Hundred Thirteen only). Prakash had to construct the Lucknow Bypass connecting NH-25 and NH-28










































































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