ALOPI PARSHAD AND SONS LIMITED Vs. UNION OF INDIA
LAWS(SC)-1960-1-7
SUPREME COURT OF INDIA
Decided on January 20,1960

ALOPI PARSHAD AND SONS LIMITED Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

CONSTANTINE STEAMSHIP LINE LTD. V. IMPERIAL SMELTING CORPORATION LTD. [REFERRED]
BRITISH MOVIETONEWS LTD. V. LONDON AND DISTRICT CINEMAS LTD. [REFERRED]
GOVT. OF KELANTAN V. DUFF DEVELOPMENT CO. LTD. [REFERRED]
HIRJI MULJI V. CHEONG YUE STEAMSHIP CO. LTD. [REFERRED]
PARKINSON AND CO. LTD. V. COMMRS. OF WORKS [REFERRED]
BRITISH MOVIETONEWS LTD. V. LONDON AND DISTRICT CINEMAS LTD. [REFERRED]
CHAMPSEY BHARA AND COMPANY VS. JIVRAJ BALLOO SPINNING AND CCO LTD [REFERRED]



Cited Judgements :-

OIL NATURAL GAS CORPORATION LTD VS. OFF SHORE ENTERPRISES [LAWS(SC)-2011-2-117] [REFERRED TO]
UNION OF INDIA VS. RAMPUR DISTILLERY AND CHEMICAL CO LTD [LAWS(DLH)-1981-1-32] [REFERRED]
C O S I D INC VS. STEEL AUTHORITY OF INDIA [LAWS(DLH)-1985-7-35] [REFERRED TO]
EACOMS CONTROL INDIA LIMITED VS. BAILY CONTROLS COMPANY [LAWS(DLH)-1998-5-21] [REFERRED TO]
SHEELA GEHLOT VS. SONU KOCHAR [LAWS(DLH)-2005-9-109] [REFERRED TO]
NARENDRA KUMAR JAIN VS. SWASTIC TRADING AGENCY [LAWS(DLH)-2007-9-202] [REFERRED TO]
COASTAL ANDHRA POWER LIMITED VS. ANDHRA PRADESH CENTRAL POWER DISTRIBUTION COMPANY LIMITED [LAWS(DLH)-2012-7-6] [REFERRED TO]
PIUSHKUMAR JAYANTILAL GANDHI TRUSTEE VS. RAMESHCHANDRA GORDHANBHAI PATEL [LAWS(GJH)-2005-5-43] [REFERRED TO]
SHYAM BIRI WORKS PVT LTD VS. U P FOREST CORPORATION [LAWS(ALL)-1990-3-21] [REFERRED TO]
R B JODHAMAL VS. STATE [LAWS(J&K)-2005-8-5] [REFERRED TO]
MOHAMMAD DALIL KHAN VS. STATE OF HYDERABAD NOW ANDHRA PRADESH [LAWS(APH)-1962-6-25] [REFERRED TO]
RAMESH AGENCIES VS. ANDHRA PRADESH CO POERATIVE OIL SEEDS GROWERS FEDERATION LIMITED [LAWS(APH)-2006-4-67] [REFERRED TO]
A S K MURTHY VS. SENIOR DIVISIONAL ENGINEER SOUTH S C RAILWAY [LAWS(APH)-2006-8-87] [REFERRED TO]
BHEL RAMCHANDRAPURAM MEDAK DISTRICT VS. P K GOPINATHAN [LAWS(APH)-2009-6-62] [REFERRED TO]
K NIRANJAN SRI K SATYANARAYANA VS. OSMANIA UNIVERSITY HYDERABAD [LAWS(APH)-2009-12-26] [REFERRED TO]
SM DURGA DEVI BHAGAT VS. J B ADVANI AND CO LTD [LAWS(CAL)-1970-12-21] [REFERRED TO]
FIRM BACHHRAJ AMOLAKCHAND VS. FIRM NANDLAL SITARAM [LAWS(MPH)-1962-4-6] [REFERRED TO]
C RAJAMALLAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-1985-5-18] [REFERRED TO]
STATE OF KERALA VS. RAMACHANDRAN NAIR [LAWS(KER)-1963-4-6] [REFERRED TO]
CHAIRMAN S I W T S VS. ARJUNAN [LAWS(KER)-1975-7-17] [REFERRED TO]
KARNATAKA ELECTRICITY BOARD VS. BHARATH CONDUCTORS [LAWS(KAR)-1997-8-15] [REFERRED TO]
TAMIL NADU ELECTRICITY BOARD ELECTRICITY AVENUE 800 ANNA SALAI MADRAS VS. S P NAMASIVAYAM [LAWS(MAD)-1990-12-57] [REFERRED TO]
SARASWAT TRADING AGENCY VS. UNION OF INDIA [LAWS(CAL)-2006-7-10] [REFERRED TO]
CHIEF ENGINEER MILITARY ENGINEER SERVICES CHENNAI VS. K V NARAYANAN [LAWS(MAD)-2000-1-90] [REFERRED TO]
ASSISTANT COMMISSIONER OF INCOME TAX VS. A K MENON CUSTODIAN [LAWS(BOM)-1995-2-95] [REFERRED TO]
UNION OF INDIA VS. RAMNATH INTERNATIONAL [LAWS(MAD)-2002-10-140] [REFERRED TO]
SOUTH EAST ASIA MARINE ENGINEERING and CONSTRUCTION LTD VS. OIL AND NATURAL GAS COMMISSION [LAWS(MAD)-2002-12-126] [REFERRED TO]
M D ARMY WELRARE HOUSING ORGANISATION VS. SUMANGAL SERVICES PRIVATE LIMITED [LAWS(SC)-2003-10-20] [REFERRED TO]
MSK PROJECTS I JV LTD VS. STATE OF RAJASTHAN [LAWS(SC)-2011-7-117] [REFERRED TO]
SIKKIM SUBBA ASSOCIATES VS. STATE OF SIKKIM [LAWS(SC)-2001-5-14] [REFERRED]
UNION OF INDIA VS. A L RALLIA RAM [LAWS(SC)-1963-4-14] [DISTINUGIED]
PURAN LAL SAH VS. STATE OF UTTAR PRADESH [LAWS(SC)-1971-1-65] [REFERRED TO]
TARAPORE AND COMPANY VS. COCHIN SHIPYARD LTD [LAWS(SC)-1984-3-34] [DISTINGUISHED]
FOOD CORPORATION OF INDIA VS. SURENDRA DEVENDRA AND MOHENDRA TRANSPORT CO [LAWS(SC)-1987-12-59] [REFERRED TO]
CONTINENTAL CONSTRUCTION CO LIMITED VS. STATE OF MADHYA PRADESH [LAWS(SC)-1988-3-68] [REFERRED TO GOVERNMENT OF KELANTAN V. DUFF DEVELOPMENT CO. LTD.]
SUDARSAN TRADING CO VS. GOVERNMENT OF KERALA [LAWS(SC)-1989-2-25] [RELIED ON]
ASSOCIATED ENGINEERING CO VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(SC)-1991-7-53] [REFERRED TO CHRISTOPHER BROWN LTD. V. GENOSSENSCHAFT OESTERREICHISCHER]
B V RADHA KRISHNA VS. SPONGE IRON INDIA LIMITED [LAWS(SC)-1997-3-180] [CITED]
GENERAL MANAGER NORTHERN RAILWAY VS. SARVESH CHAPRA [LAWS(SC)-2002-3-26] [REFERRED]
OIL AND NATURAL GAS COMMISSION VS. SAW PIPES LIMITED [LAWS(SC)-2003-4-89] [REFERRED . (PARA 54)]
BHARAT COKING COAL LIMITED VS. ANNAPURNA CONSTRUCTION [LAWS(SC)-2003-8-102] [REFERRED]
SPECIAL ORGANISING COMMITTEE VS. MEERCO ORIGINALLY MIDDLE EAST EXCHANGE AND TRAD MEO GROUP OF COMPANIES [LAWS(DLH)-1996-10-35] [REFERRED]
ALPANA NAVIGATION CO PRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-1998-2-56] [REFERRED]
GEEP INDUSTRIAL SYNDICATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-2001-5-144] [REFERRED TO]
UNION OF INDIA VS. J N CONSTRUCTIONS [LAWS(DLH)-2003-10-74] [REFERRED]
BHARTIYA VEHICLES AND ENGINEERING VS. AIRPORTS AUTHORITY [LAWS(DLH)-2006-2-52] [REFERRED TO]
N P C C VS. RAJDHANI BUILDERS [LAWS(DLH)-2006-5-220] [REFERRED TO]
I T C LIMITED VS. PRADEEP ANAND [LAWS(DLH)-2006-7-139] [REFERRED TO]
SUBHASH AND CO VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2006-9-64] [REFERRED TO]
MODI RUBBER LTD VS. GUARDIAN INTERNATIONAL CORP [LAWS(DLH)-2007-3-151] [REFERRED TO]
SATISH KUMAR VS. UOI [LAWS(DLH)-2008-7-252] [REFERRED TO]
BHANU CONSTRUCTION CO PVT LTD VS. NATIONAL THERMAL POWER CORP LTD [LAWS(DLH)-2011-2-224] [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. S A JAIS AND CO [LAWS(GJH)-1971-7-3] [REFERRED TO]
VIKAS MAJDOOR KAMDAR SAHKARI MANDLI LIMITED VS. FOOD CORPORATION OF INDIA [LAWS(GJH)-2000-8-29] [REFERRED TO]
GUJARAT HOUSING BOARD VS. HARILAL JETHALAL [LAWS(GJH)-2001-2-44] [REFERRED]
BALASORE TECHNICAL SCHOOL VS. ORISSA STATE ELECTRICITY BOARD [LAWS(ORI)-1985-11-8] [REFERRED TO]
TATA HYDRO ELECTRIC POWER SUPPLY COMPANY LIMITED VS. UNION OF INDIA [LAWS(BOM)-2000-10-11] [REFERRED TO]
NIRAV SECURITIES PRIVATE LIMITED VS. PRABHUTA MOTIRAM ADHVARYU [LAWS(BOM)-2002-7-158] [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER MUMBAI VS. JYOTI CONSTRUCTION COMPANY [LAWS(BOM)-2002-10-125] [REFERRED TO]
O N G C LTD VS. SURYA PAINTS and OIL WORKS [LAWS(BOM)-2004-3-143] [REFERRED TO]
KAMATCHI AMMAN CONSTRUCTIONS VS. DIVISIONAL RAILWAY MANAGER/WORKS PALGHAT DIVISION SOUTHERN RAILWAY PALGHAT [LAWS(MAD)-2007-7-9] [REFERRED TO]
KONKAN RAILWAY CORPORATION LTD VS. PATEL ENGINEERING COMPANY LTD [LAWS(BOM)-2004-8-179] [REFERRED TO]
CHHATTISGARH STATE POWER GENERATION COMPANY LIMITED VS. A P NIRMAN LTD [LAWS(CHH)-2011-12-35] [REFERRED TO]
State of Rajasthan VS. Motiram [LAWS(RAJ)-1973-2-17] [REFERRED TO]
PURNIMA PRASAD VS. ORIENTAL INSURANCE CO LTD [LAWS(PAT)-2006-5-17] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. SAVITRI DEVI [LAWS(PAT)-2007-11-35] [REFERRED TO]
M/S SATJAS GLOROCKS PRIVATE LTD. VS. BHARAT ALUMINUM COMPANY LIMITED [LAWS(CHH)-2011-11-67] [REFERRED TO]
GLENCORE GRAIN ROTTERDAM B.V. VS. SHIVNATH RAI HARNARAIN INDIA CO [LAWS(DLH)-2008-11-189] [REFERRED TO]
ADIDAS INDIA MARKETING PRIVATE LTD VS. HICARE INDIA PROPERTIES PVT LTD [LAWS(DLH)-2013-2-328] [REFERRED TO]
MAXX MOBLINK PVT LTD VS. PICKLE ADVERTISEMENT PVT LTD [LAWS(BOM)-2014-1-148] [REFERRED TO]
Krishna Bhagya Jala Nigam Limited a Government of Karnataka, rep. by its Company Secretary VS. Sri G. Harischandra Reddy S/o G.V. Ramana Reddy, Sri Krishnacharya, B.E. F.I.E., Chief Engineer (Retd.) P.W.D. and Karnataka Housing Board and The Sta [LAWS(KAR)-2010-10-114] [REFERRED TO]
FERTILISERS AND CHEMICALS,TRAVANCORE LTD VS. VELLAPPALLY BROTHERS KALAMASSERY [LAWS(KER)-1982-5-10] [REFERRED TO]
INDIAN RARE EARTHS LTD. VS. M. SADASIVA PANICKER [LAWS(KER)-1988-3-65] [REFERRED TO]
M/S. PKF FINANCE LIMITED VS. LAKHWINDER SINGH [LAWS(P&H)-2013-3-173] [REFERRED TO]
NORTHERN SANITATION VS. HOTEL CORP OF INDIA [LAWS(J&K)-2004-7-5] [REFERRED TO]
BALDEV SINGH, SURINDER SINGH & CO VS. HINDUSTAN PREFEB LTD [LAWS(J&K)-2003-2-17] [REFERRED TO]
HINDUSTAN CONSTRUCTION CO LTD VS. STATE OF J&K [LAWS(J&K)-1975-12-5] [REFERRED TO]
VOLTAS LTD (M/S) VS. J&K GOVT [LAWS(J&K)-1973-8-11] [REFERRED TO]
EXECUTIVE ENGINEER, RURAL ENGINEERING DIVISION VS. JAGADISH CHANDRA BUDHARAJA [LAWS(ORI)-1980-12-6] [REFERRED TO]
STATE OF ORISSA AND ORS. VS. PATEL ENGINEERING COMPANY LTD. [LAWS(ORI)-1982-4-22] [REFERRED TO]
RAM DAS VS. UNION OF INDIA [LAWS(ORI)-1987-3-36] [REFERRED TO]
TODAY HOMES & INFRASTRUCTURE PVT LTD VS. JITENDER SINGH [LAWS(DLH)-2014-12-59] [REFERRED TO]
PCLIT SOLUTIONS PVT LTD VS. MTECH SOLUTIONS [LAWS(DLH)-2014-10-148] [REFERRED TO]
VEENA MANGHANI VS. SUBHASH ARORA [LAWS(DLH)-2014-10-174] [REFERRED TO]
MARINERS BUILDCON INDIA LTD VS. K V MAKKAR CONTRACTS [LAWS(DLH)-2015-1-73] [REFERRED TO]
SIEMENS PUBLIC COMMUNICATION NETWORK VS. SUKHANLAL MEMORIAL CHARITABLE SOCIETY [LAWS(DLH)-2009-7-379] [REFERRED TO]
SREE KAMATCHI AMMAN CONSTRUCTIONSREP VS. DIVISIONAL RAILWAYS MANAGER/WORKS PALGHAT DIVISION [LAWS(MAD)-2007-7-444] [REFERRED TO]
RANA CONSTRUCTION & ENGINEERS PVT. LTD. VS. UNION OF INDIA [LAWS(GAU)-2014-9-39] [REFERRED TO]
ALLEN BERRY AND CO. PVT. LTD. VS. THE UNION OF INDIA (UOI) [LAWS(P&H)-1963-2-29] [REFERRED TO]
ALLEN BERRY AND CO. PVT. LTD. VS. THE UNION OF INDIA (UOI) [LAWS(P&H)-1963-2-29] [REFERRED TO]
GANGA RETREAT AND TOWERS LIMITED VS. STATE OF RAJASTHAN [LAWS(SC)-2003-12-25] [REFERRED]
K N SATHYAPALAN VS. STATE OF KERALA [LAWS(SC)-2006-11-143] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. CHANDU CONSTRUCTION [LAWS(SC)-2007-4-28] [RELIED ON]
JEEVAN INDUSTRIES PRIVATE LIMITED VS. HAJI BASHIRUDDIN MADHUSUDAN DAYAL [LAWS(DLH)-1974-11-12] [REFERRED]
SALWAN CONSTRUCTION CO VS. UNION OF INDIA [LAWS(DLH)-1977-5-18] [REFERRED TO]
AMERICAN REFRIGERATION COMPANY LIMITED VS. ALL INDIA INSTITUTE OF MEDICAL SCIENCES [LAWS(DLH)-1979-5-33] [REFERRED TO]
ALL INDIA INSTITUTE OF MEDICAL SCIENCES VS. AMERICAN REFRIGERATION COMPANY LIMITED [LAWS(DLH)-1982-2-19] [REFERRED]
KAPUR AIR PRODUCTS VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1987-4-20] [REFERRED]
P K RAMAIAH AND CO VS. NATIONAL THERMAL POWER CORPORATION LIMITED [LAWS(DLH)-1992-5-42] [CITED]
ARVIND CONSTRUCTION CO PRIVATE LIMITED VS. ENGINEERING PROJECTS [LAWS(DLH)-1995-1-41] [REFERRED]
ARVIND CONSTRUCTION COMPANY LIMITED VS. ENGINEERING PROJECTS [LAWS(DLH)-1995-1-70] [REFERRED]
KISHAN FREIGHT FORWARDERS VS. UNION OF INDIA [LAWS(DLH)-2011-6-19] [REFERRED TO]
M S T C LIMITED VS. JAIN TRADERS [LAWS(DLH)-2011-8-303] [REFERRED TO]
PEAK CHEMICAL CORPORATION INC VS. NATIONAL ALUMINIUM CO LTD [LAWS(DLH)-2012-2-19] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. PRAVIN B NANAVATI [LAWS(GJH)-2003-12-20] [REFERRED TO]
NARAIN DAS HARI VANSH VS. KANPUR NAGAR MAHAPALIKA [LAWS(ALL)-1962-5-6] [REFERRED TO]
STATE OF U P VS. HINDUSTAN CONSTRUCTION CO LTD [LAWS(ALL)-1981-3-8] [REFERRED TO]
A NARAYANA RAO and CO ENGINEERS and CONTRACTORS VS. UNION OF INDIA [LAWS(APH)-1990-9-29] [REFERRED TO]
S V CONTRACTORS VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1996-11-80] [REFERRED TO]
TIRUMALA TIRUPATHI DEVASTHANAM TIRUPATHI VS. K SUBBARAYUDU [LAWS(APH)-1999-8-152] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. VENKATESWARA CONSTRUCTION CO KAKINADA [LAWS(APH)-2002-5-1] [REFERRED TO]
BHEL VS. PK GOPINATHN [LAWS(APH)-2009-6-44] [REFERRED TO]
TARAPORE AND CO VS. HINDUSTAN STEEL WORKS CONSTRUCTION LTD [LAWS(APH)-2010-4-47] [REFERRED TO]
UNION OF INDIA VS. N P SINGH [LAWS(CAL)-1962-5-14] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. M L DALMIA AND CO LTD [LAWS(CAL)-1972-1-17] [REFERRED TO]
MOOLCHAND VS. KASHIPRASAD SHUKLA [LAWS(MPH)-1964-11-1] [REFERRED TO]
UNION OF INDIA VS. UNION BUILDERS [LAWS(CAL)-1977-9-22] [REFERRED TO]
UMRAOSINGH AND CO MAHANAGAR LUCKNOW U P VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1974-5-1] [REFERRED TO]
STATE OF MADHYA PRADESH VS. SATYAPAL WASSON [LAWS(MPH)-1979-1-10] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. PUNAM CHAND JAIN [LAWS(CAL)-1982-2-4] [REFERRED TO]
CONTINENTAL CONSTRUCTION CO P LTD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1985-4-27] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD VS. NARAIN RICE and OIL MILLS BILASPUR [LAWS(MPH)-1986-4-4] [REFERRED TO]
ENGINEERS COLLABORATED VS. INDIAN STATISTICAL INSTITUTE [LAWS(CAL)-1984-9-21] [REFERRED TO]
STATE OF KARNATAKA VS. R N SHETTY and CO [LAWS(KAR)-1990-1-32] [REFERRED TO]
STATE OF KARNATAKA VS. R N SHETTY AND CO ENGINEERS AND CONTRACTORS [LAWS(KAR)-1990-1-64] [FOLLOWED ON]
W B INDUSTRIAL INFRA STRICTIRE DEVELOPMENT CORPN VS. STAR ENGINEERING CO [LAWS(CAL)-1986-7-6] [REFERRED TO]
EASUN ENGINEERING CO LTD VS. FERTILISERS AND CHEMICALS TRAVANCORE LTD [LAWS(MAD)-1990-1-7] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. PRATAP TRANSPORT CO [LAWS(KER)-1986-10-48] [REFERRED TO]
STATE OF KERALA VS. RAVEENDRANATHAN [LAWS(KER)-1986-11-33] [REFERRED TO]
STATE OF KERALA VS. POULOSE [LAWS(KER)-1987-4-47] [REFERRED TO]
STATE OF KERALA VS. POULOSE [LAWS(KER)-1988-2-45] [REFERRED TO]
UNION OF INDIA VS. KAMRUP INDUSTRIAL GASES LTD [LAWS(CAL)-2004-4-13] [REFERRED TO]
COAL INDIA LIMITED VS. MANISH TRADERS [LAWS(CAL)-2004-6-50] [REFERRED TO]
STATE OF KERALA VS. JOSEPH ANCHILOSE [LAWS(KER)-1989-2-3] [REFERRED TO]
STATE OF KERALA VS. V P JOLLY FB [LAWS(KER)-1991-11-5] [REFERRED TO]
AJIT KUMAR SEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-2-39] [REFERRED TO]
UNION OF INDIA VS. BUDHLANI ENGINEERING PVT LTD [LAWS(CAL)-2008-5-4] [REFERRED TO]
PUSKAR RAJ WASON VS. UNION OF INDIA [LAWS(CAL)-2008-9-45] [REFERRED TO]
KRISHNA BHAGYA JALA NIGAM LIMITED VS. SRI G HARISHCHANDRA REDDY [LAWS(KAR)-2010-10-4] [REFERRED TO]
CHINMOY PATHAK VS. STANDARD CHARTERED BANK LTD [LAWS(CAL)-2010-6-89] [REFERRED TO]
UNION OF INDIA VS. A D CHAKRABORTY AND CO [LAWS(CAL)-2010-8-51] [REFERRED TO]
UNION OF INDIA VS. AJIT MEHTA AND ASSOCIATES [LAWS(BOM)-1989-8-28] [REFERRED TO]
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA VS. MOHINDER SINGH AND CO [LAWS(BOM)-1995-9-58] [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. GHANEKAR CONSTRUCTION COMPANY PRIVATE LIMITED [LAWS(BOM)-1996-2-62] [REFERRED TO]
UNION OF INDIA VS. SHYAMA CHARAN AGARWALA AND SONS [LAWS(BOM)-1996-6-13] [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. THERMAL ENGINEERING CORPORATION [LAWS(BOM)-1996-7-42] [REFERRED TO]
POONAM INVESTMENT CO PRIVATE LIMITED VS. OIL AND NATURAL GAS COMMISSION [LAWS(BOM)-1996-9-17] [REFERRED TO]
LUBRIZOL INDIA LIMITED VS. LUBRIZOL CORPORATION U S A [LAWS(BOM)-1997-9-14] [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. PUNE HELIUM INDIA PRIVATE LIMITED [LAWS(BOM)-2000-2-86] [REFERRED TO]
GENERAL INSURANCE CORPORATION OF INDIA LIMITED VS. NANDLAL ENGINEERING COMPANY PRIVATE LIMITED [LAWS(BOM)-2001-4-72] [REFERRED TO]
SUMITOMO HEAVY INDUSTRIES LIMITED VS. OIL AND NATURAL GAS COMMISSION [LAWS(BOM)-2001-12-1] [REFERRED TO]
PAWAN HANS HELICOPTER LTD VS. MESSERS ASSOCIATED CONSTRUCTION [LAWS(BOM)-2007-6-25] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LTD VS. NIPPON STEEL CORPORATION LTD [LAWS(BOM)-2009-8-2] [REFERRED TO]
UNION OF INDIA VS. SHAMBHU DIAL PIARE KISHAN [LAWS(P&H)-1960-10-15] [REFERRED TO]
SATJAS GLOROCKS PVT LTD VS. BHARAT ALUMINUM CO LTD [LAWS(CHH)-2011-11-9] [REFERRED TO]
RASH BEHARI SEN VS. ANAND SARUP BHARGAVA [LAWS(P&H)-1961-7-4] [REFERRED TO]
PATEL ENGINEERING CO LTD VS. INDIAN OIL CORPORATION LTD [LAWS(PAT)-1974-8-8] [REFERRED TO]
TARINI INFRASTRUCTURE LIMITED VS. GUJARAT URJA VIKAS NIGAM LTD [LAWS(ET)-2012-5-1] [REFERRED TO]
PATIKARI POWER LTD VS. HIMACHAL PRADESH ELECTRICITY [LAWS(ET)-2012-4-4] [REFERRED TO]
KIRAT CHAND JAIN FAMILY TRUST VS. STATE BANK OF INDIA [LAWS(DLH)-2012-10-20] [REFERRED TO]
POONAM INVESTMENT COMPANY PRIVATE LTD VS. OIL & NATURAL GAS [LAWS(BOM)-1996-10-212] [REFERRED TO]
ASIAN TECH.LIMITED VS. H.P.STATE ELECTRICITY BOARD [LAWS(HPH)-1997-12-15] [REFERRED TO]
KRISHNA KILARU VS. MAYTAS PROPERTIES LIMITED [LAWS(APH)-2012-8-128] [REFERRED TO]
Radhaballabh VS. Gopaldas [LAWS(MPH)-1965-3-21] [REFERRED TO]
ASHOK TRANSPORT AGENCY VS. CENTRAL COALFIELDS LTD. [LAWS(ORI)-1996-2-29] [REFERRED TO]
TRAVANCORE DEVASWOM BOARD VS. THANATH INTERNATIONAL [LAWS(SC)-2003-3-138] [REFERRED TO]
SASAN POWER LIMITED VS. M.P. POWER MANAGEMENT COMPANY LTD. AND ORS. [LAWS(APTE)-2014-2-27] [REFERRED TO]
COASTAL GUJARAT POWER LIMITED VS. GUJARAT URJA VIKAS NIGAM LIMITED AND ORS. [LAWS(APTE)-2014-2-30] [REFERRED TO]
ASSOCIATE BUILDERS VS. DELHI DEVELOPMENT AUTHORITY [LAWS(SC)-2014-11-49] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED VS. VIJAI ELECTRICALS LIMITED [LAWS(BOM)-2015-2-14] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. VS. CENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. [LAWS(APTE)-2015-4-11] [REFERRED TO]
PURI CONSTRUCTION P LTD VS. LARSEN AND TOUBRO LTD [LAWS(DLH)-2015-4-218] [REFERRED TO]
SATISH KUMAR VIJ VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2013-8-68] [REFERRED TO]
SADHU SINGH AND COMPANY VS. NATIONAL PROJECTS CONSTRUCTION CO. [LAWS(HPH)-2011-6-140] [REFERRED TO]
KERALA STATE ELECTRICITY BOARD AND ANR. VS. G. GOPINATHAN AND ORS. [LAWS(KER)-1990-4-24] [REFERRED TO]
STATE OF RAJASTHAN VS. OM CONSTRUCTION CO. AND ORS. [LAWS(RAJ)-2015-5-156] [REFERRED TO]
BALLESHWAR GREENS PVT LTD VS. OFFICIAL LIQUIDATOR OF OMEX INVESTORS LTD AND ORS [LAWS(GJH)-2014-8-266] [REFERRED TO]
SIRI RAM SYAL AND SONS (P) LTD. VS. IRCON INTERNATIONAL LTD. AND ANR. [LAWS(DLH)-2010-1-391] [REFERRED TO]
TODAY HOMES AND INFRASTRUCTURE LTD. VS. JITENDER SINGH AND ORS. [LAWS(DLH)-2015-8-201] [REFERRED TO]
BOMBAY INTELLIGENCE SECURITY (INDIA) LTD. VS. OIL & NATURAL GAS CORPORATION LIMITED [LAWS(BOM)-2015-8-299] [REFERRED TO]
CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED AND ORS. VS. KAMARAJAR PORT LIMITED AND ORS. [LAWS(MAD)-2015-9-227] [REFERRED TO]
THE STATE OF HIMACHAL PRADESH AND ORS. VS. R.K. CONSTRUCTION CO. [LAWS(HPH)-2016-2-21] [REFERRED TO]
ASHOK KUMAR THAKUR VS. THE STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2016-3-21] [REFERRED TO]
UNION OF INDIA VS. R. & P. CONSTRUCTION [LAWS(CAL)-2016-3-38] [REFERRED TO]
M/S. MICHIGAN ENGINEERS PVT. LTD. VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-2016-4-27] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. HOTEL LEELAVENTURE LTD. [LAWS(DLH)-2016-7-9] [REFERRED TO]
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JUDGEMENT

SHAH - (1.), J. : On 3/05/1937, M/s. Alopi Parshad and Sons Ltd., who will hereinafter be referred to as the Agents, were, under an agreement in writing, appointed by the Governor-General for India in Council, as from 1/10/1937, agents for purchasing ghee required for the use of the Army personnel. The Government of India, by cl. 12 of the agreement, undertook to pay to the Agents the actual expenses incurred for purchasing ghee, cost of empty tins, expenses incurred on clearance of Government tins from the railway, export land-customs duty levied on ghee purchased and exported from markets situated in Indian States, octroi duty, terminal tax or other local rates on ghee, and certain other charges incurred by the Agents. The Government also agreed to pay to the Agents at rates specified in the agreement:
(1) the financing and overhead (mandi) charges incurred in the buying markets,

(2) the cost of establishments and contingencies provided by the Agents on the Government's account for carrying out the purchase and supply of ghee, and

(3) the buying remuneration.

In consideration of the Government paying to the Agents a sum of rupee one and anna one only per one hundred pounds net weight of finally accepted ghee, as combined financing and overhead (mandi) charges, the Agents by cl. 13 undertook to provide the working capital and also to bear the costs, charges and expenses, including financing and overhead charges incurred by them in buying ghee in the market.

(2.)THE Agents also undertook, by cl. 14, to bear the establishment and contingency charges for the due performance by them of the terms of the agreement, and the Government agreed to pay in consideration thereof annas 14 and pies 6 per every hundred pounds of ghee accepted. THE Government also agreed to pay to the Agents remuneration for services rendered in purchasing ghee, at the rate of one rupee per one hundred pounds net weight of accepted ghee.
Pursuant to the agreement, the Agents supplied from time to time ghee to the Government of India, as required. In September, 1939, the World War II broke out, and there was an enormous increase in the demand by the Government of ghee. On 20/06/1942, the original agreement was, by mutual consent, revised, and in respect of the establishment and contingencies, the uniform rate of annas 14 and 6 pies per hundred pounds of accepted ghee, was substituted by a graded scale: for the first 5 thousand tons, the Agents were to be paid at the rate of Re. 0-14-6 per hundred pounds, for the next five thousand tons, at the rate of annas 8 per hundred pounds, and at the rate of annas 4 per hundred pounds, for supplies exceeding ten thousand tons. Even in respect of remuneration for services, a graded scale was substituted: for the first five thousand tons, remuneration was to be paid at the rate of Re. 1 per hundred pounds, at the rate of annas 8 per hundred pounds, for the next five thousand, and annas 4 per hundred pounds, for supplies exceeding ten thousand tons. This modification in the rates became effective from 11/09/1940.

By their communication dated 6/12/1943, the Agents demanded that the remuneration, establishment and contingencies, and mandi and financing charges, be enhanced. In respect of the buying remuneration, they proposed a 25 per cent, increase; in respect of establishment and contingencies, they proposed an increase of 20 per cent, and in respect of mandi and financing charges, an increase of 112 per cent. This revision of the rates was claimed on the plea that the existing rates, fixed in peace time, were "entirely superseded by the totally altered conditions obtaining in war time." To this letter, no immediate reply was given by the Government of India, and the Agents continued to supply ghee till May, 1945. On 17/05/1945, the Government of India, purporting to exercise their option under cl. 9 of the agreement, served the Agents with a notice of termination of the agreement. On 22/05/1945, the Chief Director of Purchases, on behalf of the Government of India, replied to the letter dated 6/12/1943, and informed the Agents that normally no claim for revision of rates could be entertained during the currency of the agreement and especially with retrospective effect, but a claim for ex-gratia compensation to meet any actual loss suffered by an agent, might be entertained, if the Agents established circumstances justifying such a claim. The Chief Director of Purchases called upon the Agents to submit, the report of their auditors on the agency accounts, for the ghee supplied, as also a statement in detail, showing the actual expenditure incurred.

(3.)THE notice dated 17/05/1945, was waived by mutal consent, and under an arrangement dated 16/05/1946, the Agents agreed to supply five thousand tons of ghee by 31/10/1946, on which date, the agreement dated 3/05/1937, was to come to an end.
By their letter dated 1/07/1946, the Agents claimed that a dispute had arisen under the contract, and appointed one Nigam to be arbitrator on their behalf to adjudicate upon the dispute, pursuant to cl. 20 of the terms of the agreement dated 3/05/1937, and called upon the Government of India to appoint their arbitrator. The Government of India, by their letter dated 10/07/1946, nominated one Rangi Lal to be arbitrator on their behalf. Before the arbitrators, the Agents made their claim under four heads :

1. The Agents claimed that the agreement dated 20/06/1942, was not binding upon them, and they were entitled to Rs. 23,08,372-8-0 being the difference between the buying remuneration, establishment and contingency charges due under the agreement dated 3/05/1937, and the amount actually received. The details of this claim were set out in Sch. A.

2. In the event of the arbitrators' holding the agreement dated 20/06/1942, was binding, a revision of the rates for establishment and contingencies, and an additional amount of Rs. 6,91,600-4-0 at such revised rated as set out in Sch. B.

3. Revision of the rates fixed under the agreement dated 20/06/1942, of the mandi charges, and an additional amount of Rs. 14,47,204-6-3, at the revised rates as set out in Sch. C.

4. Damages for wrongful termination of the agreement in the month of October, 1946, amounting to Rs. 2,41,235, as set out in Sch. D.

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