2024 (8) TMI 1127

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....ate For the Respondent : Mr. Pronoy Mohanty, Advocate ORDER This matter is taken up through Hybrid mode. 2. Heard Mr. Gouri Mohan Rath, learned counsel appearing on behalf of the Petitioners and Mr. Pronoy Mohanty, learned counsel appearing on behalf of the Opposite Parties. 3. The facts of the case are not at all in dispute. The Petitioner No.1 is the Company engaged in the business of execu....

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....sional Head, IDCO, Jajpur Road Division, Jajpur with reference to Clause-9 of the said letter of acceptance had clearly mentioned that it shall be read as under: "Sl. No.9- The contractor is to bear all local taxes, Cess, ferry, tollage charges, royalties and any other charges but excluding GST. GST as applicable will be borne by IDCO. 6. It is also an admitted position that the Petitioner had ....

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....titioners have questioned the subsequent decision of the Opposite Parties as contained in the said communication dated 06.09.2021 on the ground that the concerned Opposite Parties after execution of the work have unilaterally withdrawn the substituted Clause-9 as per letter dated 18.05.2018 and thereby varied the term of the letter of acceptance which is wholly arbitrary and illegal. 8. After hav....