AMBICA CONSTRUCTION Vs. UNION OF INDIA
LAWS(SC)-2006-11-126
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
November 20,2006
AMBICA CONSTRUCTION
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
P K RAMAIAH AND COMPANY VS. CHAIRMAN AND MANAGING DIRECTOR NATIONAL THERMAL POWER CORPN [REFERRED TO]CHAIRMAN AND M D N T P C LIMITED VS. RESHMI CONSTRUCTIONS BUILDERS AND CONTRACTORS [REFERRED TO]
Cited Judgements :-
NEW INDIA ASSURANCE COMPANY LTD VS. M/S. R.B. TRADERS, MARANDA [LAWS(NCD)-2013-5-87] [REFERRED TO]S K SHARMA VS. UNION OF INDIA [LAWS(DLH)-2009-2-20] [REFERRED TO]
SARVESH CHOPRA VS. IRCON INTERNATIONAL LTD [LAWS(DLH)-2010-2-390] [REFERRED TO]
SREE KAMATCHI AMMAN CONSTRUCTIONSREP VS. DIVISIONAL RAILWAYS MANAGER/WORKS PALGHAT DIVISION [LAWS(MAD)-2007-7-444] [REFERRED TO]
BIKASH ENTERPRISES VS. UNION OF INDIA [LAWS(GAU)-2017-9-49] [REFERRED TO]
SEW INFRASTURCTURE LIMITED VS. STEEL AUTHORITY OF INDIA LIMITED [LAWS(DLH)-2018-4-514] [REFERRED TO]
SUGAM CONSTUCTION (P) LTD. VS. UNION OF INDIA [LAWS(MPH)-2022-12-136] [REFERRED TO]
M/S. B.M. CONSTRUCTION COMPANY VS. THE UNION OF INDIA THROUGH CHIEF ENGINEER (CONSTRUCTION) [LAWS(RAJ)-2017-7-225] [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. NCC LIMITED [LAWS(SC)-2022-7-76] [REFERRED TO]
PACIFIC GARMENTS PVT. LTD VS. ORIENTAL INSURANCE CO. LTD [LAWS(DLH)-2012-11-158] [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]
R.R CONSTRUCTIONS VS. ANN CO-OPERATIVE GROUP HOUSING SOCIETY [LAWS(DLH)-2007-12-106] [REFERRED TO]
MAYA CONSTRUCTION PVT. LTD. VS. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, JAIPUR [LAWS(RAJ)-2017-7-227] [REFERRED TO]
ANANDILAL LALPURIA VS. UNION OF INDIA [LAWS(RAJ)-2016-8-114] [REFERRED]
GURMUKH SINGH AND CO VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2012-8-236] [REFERRED TO]
ARUNODAYA COAL AGENCY RAIPUR VS. WESTERN COALFIELDS LTD [LAWS(BOM)-2009-1-103] [REFERRED TO]
TODARMULL BALCHAND SUNTWAL VS. SOUTH EAST CENTRAL RAILWAYS [LAWS(CHH)-2017-9-77] [REFERRED TO]
BIKASH ENTERPRISES VS. UNION OF INDIA [LAWS(GAU)-2017-12-41] [REFERRED TO]
ASSOCIATED CONSTRUCTION VS. PAWANHANS HELICOPTERS PVT LTD [LAWS(SC)-2008-5-182] [REFERRED TO]
UNION OF INDIA VS. MASTER CONSTRUCTION CO [LAWS(SC)-2011-4-103] [REFERRED TO]
SOUTHFIELD PAINTS & CHEMICALS PVT LTD VS. NEW INDIA ASSURANCE CO LTD [LAWS(NCD)-2014-11-124] [REFERRED TO]
BALAJI INFRARO (I) LTD VS. CHANAKYA NATIONAL LAW UNIVERSITY [LAWS(PAT)-2016-11-147] [REFERRED TO]
R L KALATHIA AND CO VS. STATE OF GUJARAT [LAWS(SC)-2011-1-89] [REFERRED TO]
LALL CONSTRUCTIONS CO VS. GENERAL MANGER [LAWS(DLH)-2012-11-159] [REFERRED TO]
TODARMULL INFRASTRUCTURE PVT LTD , THROUGH ITS AUT VS. SOUTH EAST CENTRAL RAILWAYS THROUGH ITS GENERAL MA [LAWS(CHH)-2017-11-32] [REFERRED TO]
JAY JAWAN CONSTRUCTION COMPANY VS. WESTERN RAILWAY AND ORS [LAWS(GJH)-2016-2-329] [REFERRED]
ANJUM NATH VS. BRITISH AIRWAYS [LAWS(DLH)-2015-12-283] [REFERRED TO]
UNION OF INDIA VS. SAB INDUSTRIES LTD. [LAWS(DLH)-2015-9-422] [REFERRED TO]
SETH MOHANLAL HIRALAL CONSTRUCTION COMPANY VS. UNION OF INDIA & ANOTHER [LAWS(MPH)-2016-2-154] [REFERRED]
SHREE JOINTS INTERNATIONAL PVT LTD VS. GHAZIABAD DEVELOPMENT AUTHORITY [LAWS(ALL)-2009-8-338] [REFERRED]
NATIONAL INSURANCE CO LTD VS. BOGHARA POLYFAB PVT LTD [LAWS(SC)-2008-9-30] [REFERRED TO]
EAGLE - OMEGA AND KR AND CO (JV) VS. GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN [LAWS(MAD)-2018-7-432] [REFERRED TO]
SUGAM CONSTRUCTION P LTD VS. NORTHERN RAILWAY ADMINISTRATION [LAWS(DLH)-2012-10-46] [REFERRED TO]
MADHUCON PROJECTS LTD VS. INDIAN OIL CORPORATION LTD [LAWS(DLH)-2007-4-153] [REFERRED TO]
BANSAL & COMPANY VS. UNION OF INDIA [LAWS(MPH)-2014-6-71] [REFERRED TO]
RAJENDRA PRASAD BANSAL VS. UNION OF INDIA [LAWS(RAJ)-2019-8-275] [REFERRED TO]
DILBAG SINGH CONTRACTOR, SON OF SHRI TEK RAM VS. NORTH WESTERN RAILWAY THROUGH ITS GENERAL MANAGER, NWR HEAD QUARTER, JAWAHAR CIRCLE, JAIPUR [LAWS(RAJ)-2017-7-226] [REFERRED TO]
JUDGEMENT
Altamas Kabir, J. -
(1.)Delay condoned in S.L.P.(c) No. 19237/2005.
(2.)Leave granted in both the Special Leave Petitions which have been taken up together for disposal, since SLP (c) No. 19237 of 2005 is directed against the main judgment and Order dated 16th March, 2004, passed by the Calcutta High Court allowing the appeal of the Union of India and SLP (C) No. 2753 of 2005 arises out of the order dated 23rd September, 2004 passed by the said High Court on a Review Petition in respect of the main judgment.
(3.)Pursuant to a Tender Notice, issued by the respondent for certain new works, additions, alterations, repair and maintenance works in the Mancheswar Complex, the appellant submitted its tender on 2nd September, 1992. The appellants tender was duly accepted by a letter dated 14th September, 1992 with the stipulation that the work was to be completed in all respects by 30th June, 1993. It was also indicated that the work orders were to be issued within 7 days from the date of receipt of the acceptance letter. A formal contract was executed between the parties on 4th March, 1993 and the said agreement provided that the General Conditions of Contract and Standard Specifications of the South Eastern Railways shall be applicable to the contract. Clause 63 of the General Conditions of Contract provides for settlement of disputes by Arbitration.
(2.)Leave granted in both the Special Leave Petitions which have been taken up together for disposal, since SLP (c) No. 19237 of 2005 is directed against the main judgment and Order dated 16th March, 2004, passed by the Calcutta High Court allowing the appeal of the Union of India and SLP (C) No. 2753 of 2005 arises out of the order dated 23rd September, 2004 passed by the said High Court on a Review Petition in respect of the main judgment.
(3.)Pursuant to a Tender Notice, issued by the respondent for certain new works, additions, alterations, repair and maintenance works in the Mancheswar Complex, the appellant submitted its tender on 2nd September, 1992. The appellants tender was duly accepted by a letter dated 14th September, 1992 with the stipulation that the work was to be completed in all respects by 30th June, 1993. It was also indicated that the work orders were to be issued within 7 days from the date of receipt of the acceptance letter. A formal contract was executed between the parties on 4th March, 1993 and the said agreement provided that the General Conditions of Contract and Standard Specifications of the South Eastern Railways shall be applicable to the contract. Clause 63 of the General Conditions of Contract provides for settlement of disputes by Arbitration.
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