w w w . L a w y e r S e r v i c e s . i n



M/s. Hyundai Engineering & Construction Co. Ltd., Represented by its Authorized Representative, New Delhi v/s V.O.Chidambaram Port Trust


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- M & B ENGINEERING LIMITED [Active] CIN = U45200GJ1981PLC004437

Company & Directors' Information:- G. R. ENGINEERING PRIVATE LIMITED [Active] CIN = U65990MH1990PTC058602

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- V U B ENGINEERING PRIVATE LIMITED [Active] CIN = U29290MH2005PTC154033

Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

Company & Directors' Information:- H M G ENGINEERING LIMITED [Active] CIN = U45200MH1977PLC019533

Company & Directors' Information:- K R R ENGINEERING PRIVATE LIMITED [Active] CIN = U29309TN1989PTC016852

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = U28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- J P ENGINEERING CORPN PVT LTD [Active] CIN = U34103WB1951PTC019638

Company & Directors' Information:- S N B ENGINEERING PRIVATE LIMITED [Active] CIN = U27106DL2007PTC301213

Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- C L ENGINEERING PRIVATE LIMITED [Active] CIN = U34300PB1992PTC012057

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- V-INDIA ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74110GJ2011PTC064562

Company & Directors' Information:- V-INDIA ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200GJ2011PTC064562

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- K B ENGINEERING CO PVT LTD [Active] CIN = U74160TG1988PTC008366

Company & Directors' Information:- M I A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204DL2013PTC248344

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- ENGINEERING CONSTRUCTION COMPANY LIMITED [Strike Off] CIN = U45200MH1944PLC004182

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- S K ENGINEERING AND CONSTRUCTION COMPANY INDIA PRIVATE LIMITED [Active] CIN = U45402TZ2010PTC015941

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U00350PB2006PLC029521

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- HYUNDAI ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U45201TN2003PTC050582

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- M P J CONSTRUCTION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044433

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- NEW INDIA CONSTRUCTION COMPANY LTD [Active] CIN = U45101DL1981PLC011472

Company & Directors' Information:- K. S. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U36999HR2007PTC036660

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- A R S S V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202UR2020PTC011198

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- CHIDAMBARAM PRIVATE LIMITED [Active] CIN = U92411GJ1960PTC000945

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- N. B. Y. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2019PTC079172

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- J B F CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45200JK2008PTC002952

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- R B ENGINEERING AND CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248OR2012PTC014921

Company & Directors' Information:- S K L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201OR2012PTC016144

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- J B M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209WB2008PTC124938

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- C S CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200MH2020PTC346811

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- H. N. D. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2011PTC015162

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- L K I CONSTRUCTION PVT LTD [Active] CIN = U70101WB1993PTC058304

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- P S S S K CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45201WB2006PTC107993

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- B S ENGINEERING & CONSTRUCTION PRIVATE LIMITED [Amalgamated] CIN = U45400WB2013PTC199280

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- NEW DELHI CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2000PTC105137

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- N T ENGINEERING COMPANY PVT LTD [Strike Off] CIN = U99999PY1986PTC000445

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- C D C ENGINEERING CONSTRUCTION COMPANY PVT LTD [Active] CIN = U74210WB1991PTC051720

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

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    C.S. No. 822 of 2007

    Decided On, 18 December 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Plaintiff: M/s. Chitra Sampath, Senior Counsel, T.S. Bhaskaran, Advocate. For the Respondent: M/s. D. Ravichander, Advocate.



Judgment Text


(Prayer: Plaint filed under Order VII Rule 1 C.P.C. read with Order IV Rule 1 of the High Court Original Side Rules praying for:

(a) Pay to the plaintiff the sum of Rs.17,03,92,315/- (Rupees Seventeen Crores Three Lakhs Ninety Two Thousand Three Hundred and Fifteen Only) together with interest @ 15% per annum on a sum of Rs.14,13,00,000/- from the date of the plaint till date of realization.

(b) pay costs of this suit; and

(c) pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.)

1. The suit has been filed for recovery of a sum of Rs.17,03,92,315/-.

2. The brief facts of the plaintiff case as follows:-

The defendant in order to execute a project named “Sethusamudram Ship Channel Project”, invited Global Tenders on 09.07.2005 from the contractors interested in undertaking and executing the said project. The entire project involved three different works i.e., Work 'A', Work 'B', and Work 'C'. Work 'A' consisted of dredging the shipping channel from Gulf of Mannar to Adam's Bridge, i.e., chainage from 0m to 11000m for the project; Work 'B' consisted of dredging the shipping channel from Adam's Bridge to Palk Bay, i.e., chainage from 11000m to 35050m and Work 'C' consisted of dredging the shipping channel from Palk Bay to Palk Strait, i.e., Section E to E3 for the project. All the Works were distinct and separate works and were tendered by the defendant.

ii) The plaintiff received the tender documents from the Chief Engineer of the defendant on 21.07.2005 and submitted the required bids, i.e., Technical Bids and Price Bids on 03.10.2005. Prior to the submission of the tender bids both technical and financial, there were pre-bid meetings and discussions of the plaintiff's representation with the defendant's representatives. As required by the tender conditions, the plaintiff enclosed the Bank Guarantee in respect of the Earnest Money Deposits in the following manner:-

(a) Bank Guarantee No.0007BG 00192605 dated 26.09.2005 for Rs.3.78 Crores along with an Amendment to the said Bank Guarantee dated 29.09.2005 issued by the ICICI Bank, New Delhi, in respect of Work 'A' of the Project;

(b) Bank Guarantee No.0007BG 00192505 dated 26.09.2005 for Rs.6.46 Crores along with an Amendment to the said Bank Guarantee dated 29.09.2005 issued by the ICICI Bank, New Delhi, in respect of Work 'B' of the Project; and

(c) Bank Guarantee No.0007BG 00192705 dated 26.09.2005 for Rs.3.89 Crores along with an Amendment to the said Bank Guarantee dated 29.09.2005 issued by the ICICI Bank, New Delhi, in respect of Work 'C' of the Project.

3. It is the case of the plaintiff that while submitting the tender bids, the plaintiff duly notified the defendant about its reservations and qualifications in respect of the various terms and conditions of the tender for all the three different Works. Prior to submission of the bids by the plaintiff and other bidders, there was a meeting on 17.08.2005, in which various points of the tender documents were discussed and clarifications were provided by the defendant. The technical bids were opened by the defendant on 03.10.2005, thereafter they were called by the defendant for a meeting on 14.10.2005 at Chennai to discuss the various points of the bid documents and the said meeting was attended by the plaintiff along with other bidders on the one part and the Chairman of the defendant and its Tender Committee Members on the other part. Thereafter, by letter dated 17.10.2005, the defendant listed out the various modifications in the terms and conditions accepted by the defendant. The defendant also requested the plaintiff to send the estimate of additional costs that will be required to be paid by the defendant due to the changes made in the bid conditions. In response to the said letter dated 17.10.2005, the plaintiff by its letter dated 18.10.2005, asked for extension of time for submission of the required details including additional costs and price implications. Subsequently, on 25.10.2005, the plaintiff submitted its detailed response to the letter dated 17.10.2005 of the defendant. The defendant also wrote a letter dated 02.11.2005. On 06.11.2005, the meeting held at Chennai, the plaintiff and other bidders also took part and various issues were discussed and agreed upon by the defendant and duly minuted. The plaintiff in the letter dated 25.11.2005 in respect of Work 'A' of the project, accepted all other stipulations of the defendant and they wanted to discuss in respect of Work 'B' and 'C' of the project and there were several meetings between the the plaintiff and the defendant in this regard and the parties were only negotiating on the terms and conditions of the tender bid and both the parties were modifying/requesting for modification of the tender conditions due to bonafide and genuine reasons and there has been no acceptance of any of the bids of the plaintiff by the defendant and no contract has been concluded between the plaintiff and the defendant. The bid terms and conditions could not have been finalized without a joint soil investigation for its hardness. The defendant, on its own, abandoned and withdrew the entire Tender Process for the project for re-tendering the same after further sub-soil investigations and re-casting the tender document. In a meeting, dated 17.01.2006 the defendant informed the bidders that it will return the Earnest Money Deposits received by it under the withdrawn tender process, to all the four bidders upon receipt of official approval from the Ministry of Shipping. While so, the defendant high-handedly and arbitrarily wrote a letter dated 17.03.2006, to the ICICI Bank, New Delhi and invoked the Bank Guarantee and received a sum of Rs.14.13 Crores from the said Bank. Despite several request made by the plaintiff, the amount has not been paid by the defendant. Hence, the suit.

4. It is the case of the defendant that the technical bids which specifically provides that the “Instruction to Tenderers shall form part of the Contract”. As per Clause 12 of Section 1 – Technical Bid, Instruction to Tenderers, the tenderer shall not give any qualifying condition in his bid. If any qualifying conditions are included in the bid, the same shall be treated as non-responsive. Therefore, the bids submitted by the plaintiff has become non-responsive and liable for rejection. The defendant in the pre-bid meeting held on 17.08.2005 has answered for more than 221 queries covering major technical commercial issues. The technical issues clarified include details regarding soil conditions and its hardness. Clause 11 of Section 2 of General Condition specifically provides that it is the responsibility of the tenderer before submission of the bid to obtain details relating to data on hydrographic and sub-seabed conditions. It is specifically provided in the tender that the contractor shall be deemed to have based his tender on the data made available by the Engineer and on his own inspection and examination. It is the further condition of the defendant that as per the request of the bidders the date of receipt of tender was postponed thrice from 31.08.2005 and finally tender was opened on 03.10.2005. Subsequently, the defendant called the bidders on 14.10.2005 and discussed various issues and finally the defendant accepted some conditions of the bidders and withdraw some conditions. Based on this, defendant required all the bidders to submit their additional cost due to change in conditions in a sealed cover on or before 19.10.2005. But all bidders requested time upto 25.10.2005. Accordingly, extension of time was granted upto 26.10.2005. The second tender committee meeting was held on 26.10.2005. Out of the EMD remitted by the four pre-qualified firms, finally the defendant decided to accept the Bank guarantee of the plaintiff only. The plaintiff and M/s.Jan De Nul NV and M/s.Boskalis BV joint venture only. The above two bidders were called for further discussion on 05.11.2005 and 06.11.2005 to withdraw all the conditions other than those conditions accepted by the defendant and meeting held at Chennai on 14.10.2005, the defendant had agreed to withdraw/modify certain conditions of the tender and based on such modification requested the plaintiff to withdraw all the conditions put forth by them and submit discount offer separately in a sealed cover for modification in tender conditions. In the letter dated 19.11.2005, the defendant again requested the plaintiff to withdraw all the conditions and submit discount offer separately. Again on 16.12.2005, the opening of price bid was communicated to the plaintiff with a specific mention that the plaintiff should withdraw all the conditions put forth by them except those specifically agreed by the defendant. However, the plaintiff instead of furnishing a rebate on the offer submitted by the plaintiff, they had chosen to indicate a further additional cost of Rs.20.93 crores with additional time of six months with a provision of addition three months, if the values of A+B+C were to be carried out by them. This additional cost stipulation is in violation of Clause 11, Section – 1 Technical Bid – Instructions to tenderers which specifically provide that no tenderer will be permitted to alter his tender price after opening of the tender - “Price Bid”. Since the plaintiff had put forth qualifying conditions and quoted additional cost over and above the price quoted by them in the price bid, the defendant had taken action for cancellation of the offer. During non previewing tender, only based on non acceptance by the plaintiff to withdraw the conditions proposed by them and additional costs quoted by them over and above the price quoted in the price bid.

5. It is also stated by the defendant that the contention of the plaintiff that Arbitration Clause is not applicable in this case. The parties are only involved in the tendering process, the contract between the plaintiff and defendant not concluded. Further contention that they never informed bidders that it would return the EMD meeting much less then alleged meeting on 17.01.2006. Further, no such letter dated 20.01.2006 as contented by the plaintiff was sent by the plaintiff to the defendant about the refund of the EMD. Because of the adamant nature of the plaintiff in not withdrawing the condition, the work could not be started and the time over run and cost over run had been taken. Due to the non withdrawing of the condition the plaintiff had forced the defendant to go for re-tender and this delayed the national prestigious project. The plaintiff is solely responsible for time and cost over run of the project for which the plaintiff has to compensate the defendant for the unnecessary delay and the cost escalation incurred due to re-tender, the liquefied damages are specified as EMD which was rightfully invoked by the defendant. It is further contended by the defendant that there is no cause of action or part of cause of arose within the jurisdiction of this Court. Hence the suit is not maintainable before this Court.

6. It is stated in the additional written statement, the offer of the plaintiff was rejected only owing to certain reservations and qualifications put forth by the plaintiff, that there was no written commitment made for refund of EMD in the meeting held on 17.01.2006. This amending rule 2006 meeting, there was no discussion with regard to refund of EMD. Forfeiture of EMD has made as per provision of the tender document before the payment of interest also does not arise. Hence, prays for dismissal of the suit.

7. This Court, vide order, dated 08.12.2010, framed the following issues:-

1. Whether the calling for re-tender by the defendant by letter dated 12.01.2006 would amounts to cancellation of the old tender?

2. By quoting of additional cost in the plaintiff's letter dated 09.01.2006, whether the plaintiff has violated any of the items of the tender?

3. Whether any joint meeting held on 17.01.2006 and the defendant had agreed to refund the EMD in the meeting?

4. Whether the plaintiff is right in getting additional cost after submission of the price bid for the existing soil condition?

5. Whether the defendant is justified in re-tendering the subject works for further sub-soil investigations and recast the tender documents?

6. Whether the defendant is entitled to invoke the bank guarantee?

7. Whether the action of the defendant in forfeiting the EMD is correct and justified?

8. Whether the plaintiff is entitled to a decree for an interest @ 15% p.a. for a sum of Rs.14,13,000/-?

9. To what other relief the plaintiff is entitled to?

8. Upon hearing the learned counsels, the issues framed are recasted as follows:

1. Whether this Court has no territorial jurisdiction to entertain the suit?

2. Whether the defendant was right in enforcing the bank guarantee, even without the contract being concluded?

3. Whether the suit is barred by limitation?

4. Whether the plaintiff is entitled for recovery of the suit amount with interest from the defendant?

5. To what other relief the plaintiff is entitled?

On the side of the plaintiff P.W.1 examined and Ex.P.1 to Ex.P.40 marked and on the side of the defendant, D.W.1 examined and Ex.D.1 to Ex.D.11.

9. The learned counsel appearing for the plaintiff mainly contented that the plaintiff has submitted a bid for three projects and issued a bank guarantee for a sum of Rs.14.13 crores, when the tender has not accepted, the defendant is liable to refund the EMD, all the documents filed by the plaintiff clearly indicate that the tender has not been accepted by the defendant and there were discussions between the plaintiff and defendant on various occasions. At the time of submitting the tender, the plaintiff had invited the defendant about his reservations and qualifications in respect of the various terms and conditions of the tender for all the three different Works. Even in pre-bid meeting, this was informed to the defendant. There were negotiation after submitting the bid. The defendant has not accepted the plaintiff's tender which has been admitted by them in the written statement. Such being a position, as per the tender condition if the tender has not been accepted, EMD made by the plaintiff has to be refunded.

10. It is the further contention of the plaintiff that in the meeting held on 17.01.2006, it is specifically agreed to refund the EMD, whereas in the written statement they denied the very meeting itself. When the plaintiff has shown the documents by way of reply statements, in the additional written statements, the defendant admitted the meeting dated 17.01.2006. The above facts clearly indicate that the defendant's defence is not proved and made only to defeat the case of the plaintiff. Whereas, admittedly the defendant has not accepted the tender. Therefore, the EMD has to be returned to the plaintiff. Whereas, the defendant has encashed the bank guarantee contrary to the tender condition. Hence, it is his contention that part of the cause of action also arose within the jurisdiction of this Court and the meetings were held in Chennai and the leave also obtained from this Court to sue against the defendant and such order has not been challenged. Therefore, the defendant cannot raise the territorial jurisdiction issue. Hence, submitted that the plaintiff, who had parted huge amount of Rs.14 crores, certainly entitled to get back the amount with interest.

11. It is further contended by the plaintiff that the limitation point argued by the learned counsel for the defendant has no relevance and the suit has been filed within the period of limitation. Whereas the learned Additional Solicitor General appearing for the defendant submitted that the suit is not maintainable before this Court, this Court has no jurisdiction. Even the tender condition clearly indicate that except at Tuticorin, in other places suit cannot be filed. Such being the position, it cannot be said that the part of cause of action arose within the jurisdiction. Merely on the basis of some meeting held in Chennai, this Court cannot have jurisdiction. It is contended that the suit is barred by limitation under Section 120 of Major Port Trust Act. The suit ought to have been filed within six months from the date of cause of action. Admittedly, the suit has been filed much beyond the period of six months from the period of cause of action. Therefore, the suit is barred by statutory limitation.

Issue No.1:

12. It is the contention of the defendant that all the contract of tender held at Tuticorin and cause of action arose within the jurisdiction of Tuticorin and even the bank guarantee was encashed, in the bank at Delhi, outside the jurisdiction of this Court. Such being the position, this Court has no territorial jurisdiction. It is to be noted that though the tender in respect of the Port Trust project, near Tuticorin, a perusal of the entire pleadings and documents reveals that after submitting the bid, several meetings and discussions were held in Chennai. As discussed above and the Chairman of the Office also conducted meeting with the plaintiff in the defendant office at Chennai.

13. Admittedly, the Head Office of the defendant is also situated in Chennai where several discussions were held. The main part of the discussions were held in Chennai. The tender has not been finalized. Therefore, merely because of the Bank Guarantee was encashed outside jurisdiction of this Court and the tender was submitted in Tuticorin, it cannot be stated that this Court has no jurisdiction at all. The leave to file the suit before this Court has also been obtained under Clause 12 of the Letter Patent, which is also not challenged. Therefore, the contention of the learned Additional Solicitor General, in this regard cannot be countenanced and the entire dispute arose after submitting tender and several discussions and meeting held in Chennai, same indicate that cause of action arose within the jurisdiction.

14. The learned Additional Solicitor General has relied upon the general condition of the contract which was marked as Ex.P2 to contend that no suit or other proceedings shall be filed or taken by the contractor in the Court of law except at Tuticorin. In this regard, it is to be noted that such condition shall apply only when entire process concluded as a contract. As per the defendant themselves, the tender process has not culminated into the contract and rejected. Such being the position, any clause contained in the contract to exclude jurisdiction of this Court, cannot be pressed into service.

Issue No.2:

15. The other contention of the learned Additional Solicitor General is that the suit itself is barred by limitation under Section 120 of the Major Port Trust Act. According to him, the Bank Guarantee was invoked on 17.03.2006. The suit ought to have been filed within six months, after one month notice as per Section 120 of the Major Port Trust Act, whereas the present suit has been filed in the year 2007 much after limitation. Hence the suit is barred by limitation under Section 120 of the Major Port Trust Act.

16. It is the contention on merits that the plaintiff has made new condition contrary to the bid. Despite the acceptance of the defendant, the various clarification and modification, the plaintiff's exorbitant cause exclation and modification has forced the defendant to order the re-tender which has in fact led to serious financial consequences to the defendant. The delay for not finalysing the tender will attribute to the plaintiff. Therefore, his contention that the suit is liable to be dismissed.

17. Ex.P2, a tender conditions with various documents has been filed. It is not in dispute that the plaintiff participated in tender for project of 3 works, work A, work B, and work C. It is admitted by the defendant that the tender was submitted, the plaintiff in fact submitted a bid and price bids on various dates. This is also not in dispute that the plaintiff also furnished the bank guarantee as pleaded in the plaint. This is also not disputed by the defendant. The tender document Ex.P2, carefully seen though there are various clauses in the conditions, that one of the condition an instruction to the tender is particularly class 7.1, makes it very clear that tenderer will not be permitted to alter the price after opening of the tender and similarly class 7.2 is also stated that any qualifying condition and even tenders clarification any form will be treated as non responsive and will run the risk of rejection. In the above tender conditions, in para 27, Ex.P12, in one of the form of tender, the plaintiff has signed a letter.

18. The learned Additional Solicitor General mainly argued based on the above letters contending that the tender condition is valid for 180 days. Therefore, within such period, the parties are liberty to forfeit the EMD by the plaintiff. On careful perusal of this entire condition, referred by the learned Additional Solicitor General, this Court is unable to agree with such contentions for a simple reason that the condition will apply only when the plaintiff's tender is accepted. Therefore, it cannot be said that the moment the bid is submitted without being accepted the concluded contract reached between the parties, if that was the intention of the parties, the second condition in the above document referred above makes it very clear that if the tender is not accepted, earnest money shall be returned to the plaintiff when intimation is sent to abort rejection and expiry of tender which ever is earlier. The contents of the documents makes it very clear that forfeiting the earnest money will arise only on failure to perform the contract. Several correspondence filed by the plaintiff as a document which is also not disputed by the defendant clearly indicate that after submitting the bid there were discussion between the plaintiff and defendant and also other tenderers who also submitted the bid in respect of projects known as “Sethusamudram Ship Channel Project”.

19. It is also stated by the plaintiff that there are other bidders in the pre bid, there are several discussions between the plaintiff and the defendant. The meeting has conveyed in Chennai at several occasion and various modification in terms and conditions were suggested. Therefore, the same was continued for few months and tenders could not be finalysed.

20. The defendant also admitted in the written statement that since they awaited instruction from the tenderers, the bid submitted by the tenders is non-responsive and liable for rejection. In Para 11, it is also the specific case of the defendant that the contract has not been finalysed. In fact, the defendant requested the plaintiff to withdraw all the condition put forth by them and submit discount offer separately in a sealed cover for the modification in tender conditions. As the additional costs of Rs.20 crores shown by the plaintiff, the defendant, in fact taken action for cancellation and prepared for pre tender, it is also submitted in para 13. In para 14 is also pleaded that the contract has not been concluded. Though, it is stated in the written statement that on 17.01.2016, there was no meeting as alleged in the plaint. But additional written statement, it was admitted by the defendant that there was a meeting. In the nutshell, pleading of defendant indicates that contract was not concluded. In para 16 of the written statement, specific stand of the defendant that even a tendering process of the contract between the plaintiff and defendant are not concluded.

21. Ex.P38 dated 03.12.2007, the letter addressed by the plaintiff seeking to appoint an arbitrator, reply was sent by the Court stating that the plaintiff's tender has not been reached in the contract stage. From the above documents, particularly in the pleadings of the defendant, it can be seen that after submitting the bid, the process is continued, there are sufficient discussion between the parties, not only at Tuticorin mainly at Chennai. The correspondence filed as a final documents, clearly indicate that there were many discussions between the parties.

22. Ex.P18, makes it very clear that there are many discussions held in Chennai between the Chairman of the defendant Port, requesting the plaintiff to withdraw all the conditions other than it was accepted by the Court in the right possible way in 5th November. Ex.P25, letter dated 24.12.2015, issued by the Port, clearly indicate that the negotiations were held at Chennai, all the correspondence Ex.P21 to P.35, clearly indicate that after bids submitted by the plaintiff, there were discussion for finalization of the tender. However, the parties did not reach for consensus and several meeting also held in Chennai. In fact, it is not in dispute and written statement of the defendant and also the documents referred above clearly proves the fact that the contract has not been concluded. It is a specific stand of the defendant in Ex.P39, the tender of the plaintiff has not reached the contract stage there is no contract application as per the tender documents. In the written statement it is pleaded to the effect that the contract has not been concluded or accepted by the plaintiff. Such being the position, now the defendant cannot contend that they have right to forfeit the EMD. It is also to be noted that the very condition in the letter referred above, Ex.P2, makes it clear that if the contract is not accepted or the tender is not accepted, the EMD shall be returned to the plaintiff. The intention of the parties was very clear that in the event of tender being rejected, the amount shall be refunded. Therefore, now it cannot contend that the Port has right to re-forfeit the EMD amount as against the original conditions of contract. Various correspondence referred above also clearly indicate that though the modi

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fication is sought by the plaintiff, certain modification also accepted by the defendant. Only with regard to additional cost, there was discussion about prolonging and ultimately, the contract has not been finalised. The discussions were held not only with regard to the plaintiff's bid and also others in Chennai in various occasion. 23. In view of the above, it cannot be said that the EMD encashed by the Port cannot be refunded to the plaintiff. Admittedly, the very contract itself stipulate that if the tender is not accepted, the money shall be returned to the plaintiff. Only rider is that EMD amount will not carry any interest. Such being the position, the contention of the defendant that the amount cannot be refunded cannot be countenanced. In view of the above, the defendant cannot enforce bank guarantee when the contract was not concluded. Issue Nos.3 to 5: 24. It is admitted fact that all the works and service to be provided at the ports by the board as per the Major Port Trust Act. Section 35 of the act deals with the execution of such works by the board. Section 35(h) deals with the work within the limits of the port or beyond those limits, whether in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel, whether entering or leaving the Port or bound elsewhere. Therefore, only to execute such works, the tender was called for by invoking the power vested under the Major Port Trust Act. In this regard, it is relevant to extract Section 120 of the Major Port Trust Act:- 120. Limitation of proceedings in respect of things done under the Act.- No suit or other proceeding shall be commenced against a Board or any member or employee thereof for anything done, or purporting to have been done, in pursuance of this Act until the expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months after the accrual of the cause of action. 25. Therefore, it is clear that in Section 120, there are two requirements, that the suit either has to be filed within six months from the date of cause of action or after expiry of one month notice in writing has been given. 26. As per the plaint, the EMD has been encashed on 17.03.2006 itself. On careful perusal of Section 120 of the Major Trust Act, the suit shall be filed within six months from the date of cause of action or after expiry of one month notice. Whereas, the present suit has been filed only on 13.09.2007, which after the six months statutory limitation provided under Section 120 of the Act. When the right to file suit is barred under statute beyond certain period of limitation, suit filed beyond the period of limitation is barred by limitation. Accordingly, issue Nos.3 to 5 are answered against the plaintiff. 27. In the result, the suit is dismissed. No costs.
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