Supreme Court · 2006 INSC 868 · Decided 20 November 2006

M/S. Ambica Construction v. Union of India

Court
Supreme Court of India
Citation
2006 INSC 868 · [2006] SUPP. 9 S.C.R. 188
Case number
CIVIL APPEAL No. 5093/2006
Decided
20 November 2006
Bench
AR. LAKSHMANAN, ALTAMAS KABIR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

'•··, Contract-General conditions of contract-Clause 43(2)-Works contract-Signing of No' claim certificate by contractor to recover security C deposit from the G~nment-Subsequently contractor claiming its lawful dues-Entitlement of-Held: Under General Conditions of Contract, No to be completed and to be finally measured-Arbitrator held that No Claim Certificate was given by the contractor under coercion and duress-Further, discharge certificate is given in advance for payment D of bills on time-Clause 43(2) provides safeguard against frivolous claims after final

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