RAMNATH INTERNATIONAL CONSTRUCTION PVT LTD Vs. UNION OF INDIA
LAWS(SC)-2006-12-35
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on December 11,2006

RAMNATH INTERNATIONAL CONSTRUCTION PVT. LTD. Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

UNION OF INDIA VS. BAWA JASBIR SINGH [LAWS(P&H)-2009-5-127] [REFERRED TO]
UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHER VS. EMCO LIMITED AND OTHERS [LAWS(P&H)-2009-11-186] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. KADBROTEE ENGINEERING INDUSTRIES [LAWS(BOM)-2011-1-25] [REFERRED TO]
K NIRANJAN SRI K SATYANARAYANA VS. OSMANIA UNIVERSITY HYDERABAD [LAWS(APH)-2009-12-26] [REFERRED TO]
BHANU CONSTRUCTION CO PVT LTD VS. NATIONAL THERMAL POWER CORP LTD [LAWS(DLH)-2011-2-224] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION VS. WIG BROTHERS BUILDERS AND ENGINEERS PVT LTD [LAWS(SC)-2010-10-87] [REFERRED TO]
UNION OF INDIA VS. PURAN CHAND DIWAN [LAWS(P&H)-2011-3-204] [REFERRED TO]
UNION OF INDIA VS. KTECH ENGINEERS BUILDERS PVT LTD [LAWS(DLH)-2015-5-33] [REFERRED TO]
UNION OF INDIA VS. ARCTIC INDIA BANGALORE [LAWS(BOM)-2007-4-46] [REFERRED TO]
TARAPORE AND CO VS. HINDUSTAN STEEL WORKS CONSTRUCTION LTD [LAWS(APH)-2010-4-47] [REFERRED TO]
WESTERN COALFIELD LIMITED VS. B D SHARMA [LAWS(MPH)-2007-2-168] [REFERRED]
UNION OF INDIA VS. MAGO CONSTRUCTION PVT LTD [LAWS(DLH)-2019-1-131] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. LARSEN & TOUBRO LIMITED [LAWS(DLH)-2018-6-38] [REFERRED TO]
UNION OF INDIA S E RLY VS. AMBICA CONSTRUCTION [LAWS(CAL)-2007-8-48] [REFERRED TO]
BAHL BUILDERS PVT LTD VS. UNION OF INDIA [LAWS(DLH)-2009-7-157] [REFERRED TO]
UNION OF INDIA VS. KTECH ENGINEERS BUILDERS CO. PVT. LTD. AND ORS. [LAWS(DLH)-2015-11-54] [REFERRED TO]
UNION OF INDIA VS. ASSOCIATED CONSTRUCTION CO. [LAWS(DLH)-2015-5-222] [REFERRED TO]
STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. [LAWS(CAL)-2017-10-2] [REFERRED TO]
UNION OF INDIA VS. INDUSTRIAL LAMINATES INDIA PVT LTD [LAWS(CAL)-2018-8-277] [REFERRED TO]
G VENKATA REDDY AND CO ENGINEERS AND CONTRACTORS VS. VICE CHAIRMAN AND MANAGING DIRECTOR APMDC LIMITED [LAWS(APH)-2008-2-80] [REFERRED TO]
UNION OF INDIA AND ORS. VS. PRABHAT KUMAR & BROTHERS AND ORS. [LAWS(P&H)-2015-4-167] [REFERRED TO]
UNION OF INDIA VS. INDERJIT MEHTA CONSTRUCTION PVT LTD [LAWS(DLH)-2018-5-214] [REFERRED TO]
SANJEEV C BORDIA VS. SUNILKUMAR MOHANSINGH BORDIA [LAWS(GJH)-2011-5-151] [REFERRED TO]
SIMPLEX CONCRETE PILES INDIA LTD VS. UNION OF INDIA [LAWS(DLH)-2010-2-225] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. N.N BUILDCON PVT. LTD. [LAWS(DLH)-2017-10-245] [REFERRED TO]
UNION OF INDIA VS. SAGAR THERMIT CORP LTD [LAWS(BOM)-2011-1-45] [REFERRED TO]
CENTRAL MINE PLANNING & DESIGNING INSTITUTE LTD. & ANR. VS. M/S TELEKRIK ELECTRICALS (NAGPUR) PVT. LTD.& ORS [LAWS(CHH)-2017-6-2] [REFERRED TO]
SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU VS. P. RAMAIAH [LAWS(APH)-2017-8-40] [REFERRED TO]
V THYAGARAJAN AND BROS VS. UNION OF INDIA [LAWS(APH)-2010-8-110] [REFERRED TO]
SARVASEVA SANGH PRAKASHAN VS. UNION OF INDIA [LAWS(APH)-2009-10-75] [REFERRED TO]
PUBLIC WORKS DEPARTMENT VS. M/S. NAVAYUGA ENGINEERING CO LTD. & ANR. [LAWS(DLH)-2014-3-367] [REFERRED TO]
UNION OF INDIA VS. JAY CONSTRUCTION [LAWS(BOM)-2011-1-48] [REFERRED TO]
UNION OF INDIA VS. VINAY AGARWAL [LAWS(BOM)-2015-5-10] [REFERRED TO]
NATIONAL HYDROELECTRIC POWER CORPORATION LTD VS. VIJAY KUMAR SHARMA [LAWS(HPH)-2013-1-97] [REFERRED]
SADHU SINGH AND COMPANY VS. NATIONAL PROJECTS CONSTRUCTION CO. [LAWS(HPH)-2011-6-140] [REFERRED TO]
UNION OF INDIA VS. BIR CONSTRUCTION COMPANY [LAWS(P&H)-2016-1-235] [REFERRED TO]
B D SHARMA FIRM VS. WESTERN COAL FIELDS LIMITED [LAWS(SC)-2011-7-143] [REFERRED TO]
NAPC LIMITED VS. SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS [LAWS(MAD)-2019-7-57] [REFERRED TO]
RAVINDRA AND ASSOCIATES VS. UNION OF INDIA [LAWS(SC)-2009-10-24] [REFERRED TO]
MANOHAR LAL & SONS VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2010-8-211] [REFERRED TO]
UNION OF INDIA VS. RICHA CONSTRUCTIONS [LAWS(BOM)-2019-6-189] [REFERRED TO]
K MARAPPAN VS. SUPERINTENDING ENGINEER TBPHLC CIRCLE [LAWS(APH)-2007-12-5] [REFERRED TO]
G V MALLA REDDY AND CO VS. A P STATE TRADING CORPORATION LTD [LAWS(APH)-2009-12-85] [REFERRED TO]
CONTINENTAL TRANSPORT ORGANIZATION PVT. LTD. VS. OIL AND NATURAL GAS CORPORATION LTD. [LAWS(BOM)-2015-4-90] [REFERRED TO]
CENTRAL MINE PLANNING & DESIGN INSTITUTE LTD. AND ORS. VS. ANUPAM RAI [LAWS(BOM)-2015-5-64] [REFERRED TO]
GOEL ASSOCIATES VS. SHAMA COOPERATIVE GROUP HOUSING SOCIETY [LAWS(DLH)-2009-11-31] [REFERRED TO]
UNIVERSAL INSULATORS & CERAMICS LTD VS. U.P. POWER CORP. LTD [LAWS(ALL)-2018-10-203] [REFERRED TO]
NAVAYUGA ENGINEERING CO. P LTD VS. PUBLIC WORKS DEPARTMENT AND ANR [LAWS(DLH)-2016-3-27] [REFERRED TO]
M/S. RITES LTD. VS. M/S. BHARDWAJ CONSTRUCTION COMPANY PVT. LTD. [LAWS(JHAR)-2020-3-45] [REFERRED TO]
INDRAPRASTHA POWER GENERATION CO LTD VS. HARVINDER SINGH [LAWS(DLH)-2011-5-263] [REFERRED TO]
SECRETARY TO GOVERNMENT VS. ORIENTAL STRUCTURAL ENGINEERS PVT.LIMITED [LAWS(KER)-2022-6-327] [REFERRED TO]
UNION OF INDIA AND ANOTHER VS. SANJEEV BUILDERS AND ANOTHER [LAWS(P&H)-2014-7-1005] [REFERRED]
THE UNION OF INDIA REP., BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI AND OTHERS VS. M/S. APPACHI GOUNDER AND SONS [LAWS(MAD)-2017-3-304] [REFERRED TO]
KSS-KSSIIPL CONSORTIUM VS. GAIL INDIA LTD [LAWS(DLH)-2019-9-277] [REFERRED TO]
APSRTC MUSHEERABAD VS. SEW CONSTRUCTIONS LTD [LAWS(APH)-2009-7-83] [REFERRED TO]
STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. [LAWS(CAL)-2016-11-42] [REFERRED TO]
UNION OF INDIA VS. BAHL BUILDERS (P) LTD [LAWS(DLH)-2008-8-395] [REFERRED]
KONKAN RAILWAY CORPORATION LIMITED VS. ORIENTAL CONSTRUCTION COMPANY LIMITED [LAWS(BOM)-2013-2-27] [REFERRED TO]
M/S.BOMBAY RAILWAYS ENGINEERING CO. VS. GENERAL MANAGER, CENTRAL RAILWAY [LAWS(BOM)-2013-7-97] [REFERRED TO]
UNION OF INDIA VS. SURAJ INFRASTRUCTURES PVT LTD [LAWS(BOM)-2012-7-211] [REFERRED TO]


JUDGEMENT

H.K.Sema, J. - (1.)THE validity and legality of the judgment dated 31.10.2002 of the Division Bench of the High Court of Madras in OSA. No. 27/1995 and 25/1996 is assailed in these appeals.
(2.)THE appellant was awarded two contracts - the first for construction of LRMR Aircraft Hangar and Airtech Hangar and connected works; and the second for construction of roads and allied works at NAS Arakonam. In respect of the two contracts, hereinafter referred to as the Hangar Contract and Road Contract, the tenders submitted by appellant were accepted on 10.10.1988 and 3/5.1.1989 respectively. THE necessary agreements were executed between the parties. Disputes arose between the parties in respect of those contracts and the matter was referred to Arbitration. THE Arbitrator after examining the oral and documentary evidence made his Awards dated 20.7.1993 and 5.3.1994. Applications were filed before the learned Single Judge by the respondent herein for setting aside the Awards. THE learned Single Judge by orders dated 24.8.1994 and 22.9.1995 rejected the applications and in each case made a rule of the court in terms of the award. Being aggrieved the respondent filed OSA Nos. 27/1995 and 25/1996, which were partly allowed by the Division Bench of the High Court. Hence, the present appeals by the claimant contractor.
It may not be necessary for us to refer to the entire facts leading to the filing of the present appeals as the substantial question of law posed requires reference to limited facts. Suffice it to say that awards of the learned Arbitrator related to claims under several heads. The controversy in these appeals relate to award in respect of item no. 24 in the Hangar contract and items 13 to 16 in respect of the road contract. The particulars thereof are extracted below:Pravin Yashank Adhyaru
JUDGEMENT_542_TLPRE0_2006Html1.htm
In regard to Hangar Contract, undisputedly, the contract work had to be completed in two phases, the first phase by 31.10.1989 and the second phase by 30.4.1990. However, the contract work could not be completed within the stipulated time, partly due to the default on the part of respondent. It is also undisputed that on the request of the contractor, the employer gave several extensions - by a letter dated 28.2.1990 the period of completion of work was extended up to 30.6.1990; by a letter dated 10.5.1991 it was extended up to 31.5.1991; by a letter dated 27.8.1991 it was extended up to 30.9.1991; by a letter dated 23.1.1992 the time was extended up to 15.4.1992; by a letter dated 15.5.1992 it was extended up to 28.5.1992 and by a letter dated 4.6.1992, it was further extended up to 22.6.1992. The contract was subsequently terminated by the employer on 1.7.1992.

(3.)IN respect of the road contract, the date of commencement of work was 3.1.1989. The due date of completion was 2.11.1990 (21 months). The employer granted extensions from time to time on the request of the contractor up to 31.5.1992. Subsequently, the contract was terminated by the employer on 14.7.1992.
The basis of the disputed claims is that the execution of work was delayed on account of breaches on the part of the employer and the employer is liable to compensate the contractor for all losses and extra cost on account of such delay and extended execution.

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