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TMI Blog2009 (5) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... acting in any manner upon the termination letter dated 13.04.2009. 3. The National Highway Authority of India awarded contract on 19.07.2007 to construct and maintain on Build, Operate and Transfer basis to Su Toll Road Private Limited (Concessionaire). The respondents have been awarded the work of engineering procurement and construction of the portion of the project Highway in question by agreement dated 31.01.2008 by Concessionaire on a fixed price lump sum turkey basis,. The respondents entered into the construction agreement on 19.02.2008 for portion/phase of the project in question. 4. Admittedly, the respondents have terminated the construction contract dated 19th February, 2008. The agreement is between the Petitioner, who is sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tract termination notice Though replied by the Petitioner yet at this stage, the merit or de-merit of the differences and disputes cannot be gone into in detail, which is a matter of detailed enquiry before the Arbitral Tribunal. 17. In a commercial contract of this nature, it is the concerned party who should decide and take appropriate action or decision. Whether the action of the respondent is right or wrong in the absence of clinching material, it is difficult for the court to decide in favour of the aggrieved party, at such interlocutory stage. This is again a matter of trial and discussion. 18. The petitioner, after receipt of the termination notice, has replied the same by notice dated 27.04.2009 and basically re-iterated their sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot compel such party to allow the other party to continue with the work/project. In the present case, admittedly, the respondents are not owner of the land and the petitioner is sub-contractor. It is a Public Project. Admittedly, out of 62 K.m. proposed road land only about 4 kms. land could be provided at different area. There are serious disputes going on between the parties. Therefore, merely because there is a construction contract entered into between the parties, the petitioner is not entitled to specific performance of the contract in view of Section 14 of the Specific Performance Act, 1963 automatically. Even otherwise, on a foundation that there are admitted breaches committed by the respondent and, therefore, there is a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin stipulated time and which is also subject to the agreement of the respondents with others, just cannot be overlooked. For whatever may be the reason, admittedly the construction project is not yet commenced in full force, in the sense that out of 62 kms. of proposed road land, about 4 km. land could be provided, as alleged. The case of the respondent is that about 19 kms of land has been handed over to the petitioner. 13. Even otherwise, if, according to the petitioner, the respondent has terminated the contract illegally and in breach of the various clauses of the agreement, that can be considered by the arbitral Tribunal which is likely to be constituted. The petitioner has already nominated an Arbitrator. In such cases where compens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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