Allu @ Allinuddin & Ors VS. State Of Up & Ors

Extract

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Allu @ Allinuddin & Ors VS. State Of Up & Ors

The Judgement Information System CASE NO.: Appeal (civil) 3376-3377 of 2008

PETITIONER: M/s. Associated Construction RESPONDENT: Pawanhans Helicopters Pvt. Ltd DATE OF JUDGMENT: 07/05/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos.3376-3377/2008 (arising out of SLP (C) Nos. 17335-17336/2007)

M/s. Associated Construction Vs.

Pawanhans Helicopters Pvt. Ltd.

JUDGMENT

HARJIT SINGH BEDI,J.

1. Leave granted.

2. The respondent, Pawanhans Helicopters Pvt. Ltd.

(hereinafter called "Pawanhans") a Government of India undertaking, floated two tenders for allocation of work for construction of a compound wall and a bridge over a nala.

Pursuant to the aforesaid information, several tenders were received and the tenders of the appellant (hereinafter called the "contractor") were ultimately accepted. Pursuant to the aforesaid, two formal agreements providing for the terms and

2 conditions of the contract in the shape of general conditions of the contract and special conditions of the contract governing the execution of work were duly signed on 12th October 1999. As per the contract the work was required to be completed within four months. It appears that on account of some delay which was attributable to Pawanhans, the work did not proceed as per schedule and the contractor accordingly informed Pawanhans by letters dated 15th February 1990, 23rd February 1990...

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